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1 - 10 of 11 (0.25 seconds)The Negotiable Instruments Act, 1881
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
The Code of Criminal Procedure, 1973
M.S. Narayana Menon @ Mani vs State Of Kerala & Anr on 4 July, 2006
12. Ld. Counsel for the accused has relied upon the case entitled M.S.
Narayana Menon @ Mani vs State of Kerala & Anr 2006 (6) Sec 39 and M/s
Alliance Infrastructure vs. S. Vinay Mittal Crl. M.C. No. 2224/2009 decided on 18th
January 2010 of the Hon'ble High Court of Delhi. I have highest regard for the case
laws cited on behalf of the accused. However, the same has been pronounced in
different context and is of no help to the accused.
Rangappa vs Sri Mohan on 7 May, 2010
In case entitled as "Rangappa vs Sri Mohan" [(2010), 11, Supreme
Court Cases 441] where the Hon'ble Supreme Court of India, held that the bare
denial of the passing of the consideration apparently does not appear to be any
defence. To disprove the presumptions, the defendant has to bring on record such
facts and circumstances, upon consideration on which the Court may either believe
that the consideration does not exist or its non-existence was so probable that a
prudent man would, under the circumstances of the case, shall act upon the plea that
it does not exist and it was held that there is an initial presumption, which favours
the complainant in the sense that the presumption mandated by Sec. 139 of NI Act
does indeed include the existence of a legally enforceable debt or liability. Since the
accused did admit that the signatures on the cheques was his, the statutory
presumption comes into play and same has not been rebutted even with regard to the
material submitted by the complainant.
Section 139 in The Negotiable Instruments Act, 1881 [Entire Act]
M/S Alliance Infrastructure Project ... vs Vinay Mittal on 18 January, 2010
12. Ld. Counsel for the accused has relied upon the case entitled M.S.
Narayana Menon @ Mani vs State of Kerala & Anr 2006 (6) Sec 39 and M/s
Alliance Infrastructure vs. S. Vinay Mittal Crl. M.C. No. 2224/2009 decided on 18th
January 2010 of the Hon'ble High Court of Delhi. I have highest regard for the case
laws cited on behalf of the accused. However, the same has been pronounced in
different context and is of no help to the accused.
Sachin Sangal vs Pieco Call Tech. Pvt. Ltd. on 28 July, 2010
In the judgment entitled "Pradeep Aggarwal & Ors vs Y. K. Goel",
Cr. M. C. 66/2009 (Hon'ble High Court of Delhi), where it was held that complaints
u/s 138 NI Act is a summary trial and accused should first disclose his defence and
merely saying "He is innocent" or "He plead not guilty" will not be sufficient and
onus is on the accused to show that no offence could have been deemed to be
committed by him for some specific reasons and defences.
Musaraf Hossain Khan vs Bhagheeratha Engg. Ltd. & Ors on 24 February, 2006
In the judgment "Mosaraf Hossain Khan vs Bhagheeraha Engg.