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1 - 9 of 9 (0.41 seconds)Section 139 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 138 in The Code of Criminal Procedure, 1973 [Entire Act]
Sampelly Satanarayana Rao vs M/S Indian Renewable Energy ... on 8 May, 2014
20. At this juncture it is necessary to go through a ruling
rendered by Hon'ble Apex Court reported in (2016) 10 SCC 458
in the case of Sampelly Sathyanarayana Rao Vs. Indian
Renewable Energy Development Agency Limited wherein it is
held that a post-dated cheque described as 'security' in the loan
agreement is dishonoured, the same would be punishable under
section 138 of Negotiable Instruments Act. Since the accused has
taken a contention that he had issued the cheque as security, it
indicates that there was existing liability on the part of the
accused and accused issued the cheque in respect of the same.
Under these circumstances the above ruling is squarely applicable
to the facts of this case.
Rangappa vs Sri Mohan on 7 May, 2010
22. At this juncture it is worthwhile to go through a judgment
reported in AIR (2010) 11 Supreme Court Cases 441, 1898, in
the case of Rangappa Vs. Mohan, wherein by relying upon the
ruling of Hithen P Dalal Vs. Bratheendranath Banerji, it is
reiterated that once the accused admits his signature the legal
presumption will have to be raised in favour of the complainant.
The accused can prove non-existence of a consideration by raising
a probable defence. In the case on hand the accused has failed to
raise probable defence.
Section 118 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Sri Dattatraya vs Sharanappa on 9 October, 2023
1. AIR 2024 SC 4103 in the case of Dattatraya Vs
Sharanappa.
M/S Rajco Steel Enterprises vs Kavita Saraff on 24 January, 2023
2. AIR 2024 SC 2105 in the case of M/s Raj Co Steel
Enterprises Vs Kavita Saraff.
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