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Goa Handicrafts, Rural And Small Scale ... vs Samudra Ropes Pvt. Ltd. And Ors. on 29 June, 2005

23. The learned Counsel appearing on behalf of the Appellant thereafter relied on a judgment in the case of Alsa Constructions and Housing Limited v. M. Mal Reddy 1999 Cri LJ 2743 (supra). In this case the Memorandum of understanding was entered between the complainant and the accused by which an amount of Rs. 30,00,000/- loan was obtained and Promissory Note was executed and immovable property was also given as security. When the amount of loan was not repaid the accused issued a cheque on 8-1-1998 towards the discharge of the loan amount.
Bombay High Court Cites 29 - Cited by 83 - V M Kanade - Full Document

N. Krishnan vs S.A. Nanjan And Anr. on 14 August, 2001

In Alsa Constructions and Housing Ltd. v. M. Mal Reddy, (1999) 1 MWN (Cr.) 159, my learned brother M. Karpagavinayagam J. has held that under Section 139, it shall be presumed, unless the contrary is proved, that the complainant received the cheque from the accused for the discharge of the debt or liability. The noble Judge has pointed out that even assuming that there is no existing liability, it is for the accused to rebut the presumption contained. That was a case where the accused had received Rs. 30 lakhs on January 8, 1997, and executed a promissory note, that later on January 8, 1998, the accused had issued a cheque.
Madras High Court Cites 12 - Cited by 0 - Full Document
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