Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Presumption - Rebuttal - Available, if same is rebutted on basis of cross examination of witnesses of complainant and other material evidence on record - It is not mandatory for accused to enter into witness box for purpose of rebuttal of presumption...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Post dated cheque - When post dated or blank cheques are issued and issuance of cheque is not in dispute, it will be difficult to accept that there was no transaction between parties - Court cannot hold accused guilty only because it comes to conclusion that there was some understanding or transaction..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - There appears to be very close relationship between husband of complainant and accused - However, under what circumstances, amounts were paid to accused, how much amount was actually paid to her and under what circumstances cheque was obtained from her, is not clear - Why husband of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Principle that criminal charge must be proved beyond reasonable doubt applies to offences punishable u/s 138 of the Act - Presumption u/s 118 and 139 of the Act do not do away with necessity of proving accusation beyond reasonable doubt...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Post dated cheque - When post dated or blank cheques are issued and issuance of cheque is not in dispute, it will be difficult to accept that there was no transaction between parties - Court cannot hold accused guilty only because it comes to conclusion that there was some understanding or transaction..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - There appears to be very close relationship between husband of complainant and accused - However, under what circumstances, amounts were paid to accused, how much amount was actually paid to her and under what circumstances cheque was obtained from her, is not clear - Why husband of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Principle that criminal charge must be proved beyond reasonable doubt applies to offences punishable u/s 138 of the Act - Presumption u/s 118 and 139 of the Act do not do away with necessity of proving accusation beyond reasonable doubt...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Parties known to each other for 40 years - Loan was repayable in a short period of time - Name of accused not shown in the balance sheet and amount not disclosed in the Income Tax Return - Merely for this reason it does not stand established that loan was not disbursed...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Burden to rebut the presumption u/s 139 of Act is on accused, only to the extent of `preponderance of possibilities' - Whereas, complainant has to prove its case beyond reasonable doubt - Accused can rely on the evidence brought on record by complainant to rebut the presumption - It..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Defence of accused - Accused is obliged to set up a probable defence - Defence cannot be only a `possible' defence - It cannot be premised on mere ipse dixit of accused - There should be some credible material or circumstance available on record which should lead the Court to conclude that..........
