Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Burden of proof - When accused admitted his signature in cheques, burden is on him to prove that cheques were not issued for a `legally enforceable debt'...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - In a prosecution u/s 138 of the Act, there is a presumption that cheque was issued in discharge of the debt asserted by complainant - However, this presumption can be rebutted by accused by preponderance of probability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of accused, complainant being a financier would obtain blank promissory notes and blank but signed cheques as security without dates - Plea held, tenable as complainant admitted that he had returned promissory notes and two cheques to accused - Even, explanation given by complainant that notices..........
Negotiable Instruments Act, 1881, Section 138, 139, Evidence Act, 1872, Section 21 -- Dishonour of cheque - Admission - Can accused rely upon his own bank account statement and contend that he had not transacted with complainant at all ? - No - As it is not the case of complainant that he gave loan by cheque - Moreover, account statement of accused is admission, which can..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - A Person who signs a cheque and makes it over to payee remains liable unless he adduces evidence to rebut presumption that cheque had been issued for payment of a debt or in discharge of a liability - It is immaterial that cheque may have been filled in by any person other than the..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Blank cheque - Presumption - Blank cheque leaf, voluntarily signed and handed over by accused, which is towards some payment, would attract presumption u/s 139 of the Act, in absence of any cogent evidence to show that cheque was not issued in discharge of a debt...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - When loan amount and cheque amount are same, contention that demand made by notice was for loan amount cannot be accepted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Admittedly, as per complaint only Rs.65 lac was advanced to accused out of which as per admission made by complainant Rs.60 lac has been repaid by accused which shows that cheque amount was not outstanding towards accused - Hence, amount is not a recoverable debt - Cheque cannot be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Leave to appeal - There is material variation in respect of the date when cheque in question was issued - Even, explanation offered by accused u/s 313 of Cr.P.C is regarding misuse of cheque - Prosecution case itself raised serious doubts and therefore, trial Court has rightly extended..........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Offence by company - Vicarious liability - Neither petitioner was director of company when cheque in question was issued nor petitioner was responsible for conduct of business of company at relevant time - Therefore, no vicarious liability can be fastened upon petitioner u/s.141 of the Act for..........
