Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amount was due to complainant by father of accused and not by accused - Cheque not issued by accused to pay his father's debt but was taken by force from him by complainant - Prosecution of accused for bouncing of cheque is not legal - Accused acquitted and his conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138 -- 'Debt or other liability' - Agreement to sell - Payment of balance sale consideration - Cannot squarely be construed as a 'debt' but it cannot escape the consideration under the expression 'other liability'...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards part payment of land agreed to be sold by complainant and payment stopped as complainant found to have no title in land - Though balance sale consideration to be paid under agreement cannot be squarely construed as debt, it could come under expression 'other liability' - Petitioner..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Complainant filed the present complaint against the respondent-bank on 27.4.1995 - Earlier on 14.6.1993, the respondent-bank filed a recovery suit against the complainant in the Debt Recovery Tribunal - Complainant also filed a civil suit against the bank on 16.7.1994 - Complainant failed to explain as to why when..........
Negotiable Instruments Act, 1881, Section 138,139 -- Dishonour of cheque - Criminal complaint - Quashing of complaint - Plea that there is no legally enforceable debt or liability against the accused - The question cannot be resolved by considering mere claim made by the petitioner - It needed evidence for resolution - The complaint cannot be quashed on the bare allegation..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Criminal complaint - Existence of an agreement between the parties by which certain securities were given by the borrower to the lender which could be disposed of by the borrower for realising its outstanding amount of debt would not deprive the payee of the cheque from taking resort to the provisions..........
Evidence Act, 1872, Section 34 -- Entry in books of account - By itself not sufficient to charge any person with liability - Some further evidence to establish the entries is desirable and highly essential to establish the debt - An entry in ledger that a certain sum was paid to defendant is not by itself sufficient to establish the payment unless supported by any receipt..........
Negotiable Instruments Act, 1881, Section 138 -- 'Debt or liability' - Presumption under S.139 is in favour of payee - Pleading to this effect is not required - Burden of proving that there was no existing debt or liability is on the respondent...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Partnership firm - Dissolution - One partner issued cheque to the other towards his liability - Presumption is that cheque was for the discharge, in whole or in part, of any debt or other liability...........
Negotiable Instruments Act, 1881, Section 138 -- 'Debt or liability' - Specific averment in complaint is not required - Burden of proving that there was no existing debt or liability would be on the drawer of cheque...........
