Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Discharging of liability - Blank signed cheque given as security not taken back - No explanation as to why acknowledgment/voucher not taken when liability was discharged - Plea of discharge is so fragile and brittle that it must fall to the ground as improbable and unacceptable...........
Negotiable Instruments Act, 1881, Section 139 -- Dishonour of cheque - Presumption - Rebuttal - Theory of handing over a blank signed cheque as security - Burden rests squarely and heavily on the indictee who wants to attribute to himself such an improbable and artificial conduct to claim exculpation from lability - The silence and inaction of accused on receipt of demand..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signed blank cheque - Defence that a signed blank cheque was handed over by an account holder is inherently suspicious - Burden rests heavily on shoulders of account holder to claim absolution from culpable liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque theory - Cheque signed by drawer - Cheque filled up by some other person putting the date and amount - Drawer cannot get absolved of the liability u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Blank cheque - Accused who handed over a blank cheque duly signed to another, authorises such person to make the relevant entries...........
