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1 - 6 of 6 (0.21 seconds)Section 138 in The Negotiable Instruments Act, 1881 [Entire Act]
The Code of Criminal Procedure, 1973
Krishna Janardhan Bhat vs Dattatraya G. Hegde on 11 January, 2008
9. As per the decision reported in ILR 2008 Kar.
Pg. 4629 between Shivamurthy Vs.Amruthraj, and in
another decision rendered by the Hon'ble Apex court in
AIR 2008 SC 1325 between Krishna Janardharn Bhat
Vs. Dattareya G. Hegde, in order to attract Sec.138 of
N.I Act, the complainant has to satisfy 3 essential
ingredients like, 1) there is legally enforceable debt, 2)
that the cheque was drawn from the account of the Bank
of the accused for discharge of whole or part of any debt
or other liability which pre-supposes to be legally
enforceable debt, 3) cheque so issued returned unpaid
due to Insufficient of funds.
Rangappa vs Sri Mohan on 7 May, 2010
In view of the decision reported in 2010 SC
1898 between Rangappa Vs. Mohan, once the
execution of Negotiable Instruments Act is either proved
or admitted, then the court shall draw a presumption
U/s.139 of N.I Act, in favour of the complainant to that
effect that the said Negotiable Instrument i.e, the
disputed cheque has been drawn for valid consideration
10 C.C.No.9219/2011
and it is towards legally recoverable debt and it is drawn
for valuable consideration.
Section 142 in The Negotiable Instruments Act, 1881 [Entire Act]
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