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1 - 6 of 6 (0.53 seconds)Section 139 in The Negotiable Instruments Act, 1881 [Entire Act]
The Negotiable Instruments Act, 1881
Sampelly Satyanarayan Rao vs Indian Renewable Energy Development ... on 19 September, 2016
7. From close scrutiny of the statements of the witnesses, it is
clear that the applicant had signed and gave the cheque to the
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complainant. The Apex court in the matter of Sampelly
Satyanarayana Rao Vs. Indian Renewable Energy Development
Agency Limited reported in (2016)10 SCC 458 has considered
and held as below :
M/S Indus Airways Pvt. Ltd And Ors vs M/S Magnum Aviation Pvt Ltd And Anr on 7 April, 2014
9. We have given due consideration to the
submission advanced on behalf of the appellant as
well as the observations of this Court in Indus
Airways (P) Ltd. V. Magnum Aviation (P) Ltd.,
(2014) 12 SCC 539:(2014) 5 SCC (Civ) 138:(2014)
6 SCC (Cri) 845 with reference to the explanation to
Section 138 of the Act and the expression "for
discharge of any debt or liability" occurring in
Section 138 of the Act. We are of the view that the
question whether a post-dated cheque is for
"discharge of debt or liability" depends on the nature
of transaction. If on the date of the cheque, liability
or debt exists or the amount has become legally
recoverable, the section is attracted and not
otherwise.
Goaplast Pvt. Ltd vs Shri Chico Ursula D'Souza & Anr on 7 March, 2003
(2010)4 SCC(Civ) 477:(2011) 1 SCC (Cri) 184, this
Court held that once issuance of a cheque and
signature thereon are admitted, presumption of a
legally enforceable debt in favour of the holder of the
cheque arises. It is for the accused to rebut the said
presumption, though accused need not adduce his
own evidence and can rely upon the material
submitted by the complainant. However, mere
statement of the accused may not be sufficent to
rebut the said presumption. A post-dated cheque is
a well-recognized mode of payment Goaplast (P)
Ltd. Vs. Chico Usula D"Souza (2003) 3 SCC
232:2003 SCC(Cri) 603.
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