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1 - 10 of 12 (0.21 seconds)Section 139 in The Negotiable Instruments Act, 1881 [Entire Act]
The Code of Criminal Procedure, 1973
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Bharat Barrel And Drum Manufacturing ... vs Amin Chand Payrelal on 18 February, 1999
15 We have to examine the matters in issue in the context of
Section 118(a) and 139 of the NI Act and decide whether the accused
has been able to rebut the presumptions. The Act raises two
presumptions, first in regard to the passing of consideration as
contained in Section 118 therein and second, a presumption that the
holder of cheque receiving the same of the nature referred to in
Section 139 discharged in whole or in part any date or other liability.
Presumptions both U/s. 118 (a) and 139 are rebuttable in nature.
16 In the case of Bharat Barrel and Drumb
Manufacturing Company v. Amin Chand Pyare Lal (1999) 3 SSC
35 interpreting Section 118 (a) of the Act, it was opined :
Section 118 in The Negotiable Instruments Act, 1881 [Entire Act]
Anil Hada vs Indian Acrylic Limited on 26 November, 1999
14 As held in Anil Handa vs. Indian Acrylylic Ltd.
reported as AIR 2000 SC 145, under section 139 of the Act there is a
legal presumption that the cheque was issued for discharging an
antecedent liability and this presumption can be rebutted by the person
who gives the cheque. The presumption is for casting the burden of
proof as to who should adduce evidence in a case. It is open to the
accused to adduce evidence to rebut the said presumption.
Krishna Janardhan Bhat vs Dattatraya G. Hegde on 11 January, 2008
13 In re Hon'ble Supreme Court of India Krishna
Janardhan Bhat v. Duttatraya G. Hagde, 2008 (1) Apex Courts
Judgement 412 (SC) referred the ingredients of the offence under
section 138. Paragraph 29 reads thus: