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1 - 7 of 7 (0.21 seconds)Section 138 in The Negotiable Instruments Act, 1881 [Entire Act]
The Code of Criminal Procedure, 1973
Sri B H Lakshminarayana vs Smt Girijamma on 16 November, 2009
In the
case of Sri.B.H.Lakshminarayana Vs. Smt.Girijamma
reported in 2010 (4) KCCR 2637, it is held that "the
presumption that the cheque was issued for legally
recoverable debt is to be presumed". Further as provided
U/s.118 of N.I. Act, it is to be presumed that the cheque in
question was issued for consideration on the date found
therein.
Rangappa vs Sri Mohan on 7 May, 2010
In the ruling rendered by Hon'ble
Apex Court in the case of Rangappa Vs. Mohan reported
in AIR 2010 (SC) 1898 by relying on several rulings
rendered by the Hon'ble Apex Court including the case of
Krishna Janardhan Bhat Vs. Dattathraya G. Hegde
reported in AIR 2008 (SC) 1325, it was held that
"Existence of legally recoverable debt or liability is a matter
of presumption U/s.139 of N.I. Act".
Krishna Janardhan Bhat vs Dattatraya G. Hegde on 11 January, 2008
The Hon'ble Apex
Court disapproved the principle laid down in Krishna
9 C.C. No.55891/2017
Janardhan Bhat's case that "Initial burden of proving
existence of the liability lies upon the complainant".
Section 200 in The Code of Criminal Procedure, 1973 [Entire Act]
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