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1 - 10 of 19 (0.26 seconds)Section 138 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 139 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 20 in The Negotiable Instruments Act, 1881 [Entire Act]
The Code of Criminal Procedure, 1973
The Companies Act, 1956
Rangappa vs Sri Mohan on 7 May, 2010
In light of these extracts, we are in agreement with the
respondentÂclaimant that the presumption mandated by
1In Rangappa v. Sri Mohan (2010) 11 SCC 441 the Supreme Court observed that "since the accused did admit that the
signature on the cheque was his, the statutory presumption comes into play.."(SCC @p. 454)
CC No. 157/13
PEC Ltd. v. Shree Sainath Wires Pvt. Ltd. & Ors. Page 7 of 16
Section 139 of the Act does indeed include the existence of
a legally enforceable debt or liability.
Section 141 in The Negotiable Instruments Act, 1881 [Entire Act]
M/S. Mojj Engineering Systems Ltd. & ... vs M/S A.B. Sugars Ltd. on 29 September, 2008
20.It has further been contended on behalf of accused persons that the cheque in
question was handed over in the year 2008 and therefore, it was drawn in the
year 2008 and not in the year 2010. The said contention of the accused persons
is not acceptable in view of Section 118 (b) of the NI Act which provides for
the presumption that every negotiable instrument bearing a date was made or
drawn on such date. Therefore, it has to be presumed that the cheque in
question was drawn on 31.03.2010. Section 20 of the NI Act provides for
implied authority given to the holder to fill the contents of the cheque. It
clearly states that the person signing the inchoate negotiable instrument shall
CC No. 157/13
PEC Ltd. v. Shree Sainath Wires Pvt. Ltd. & Ors. Page 9 of 16
be liable upon such instrument, in the capacity in which he signed the same, to
any holder in due course. (See also MOJJ Engineering System Ltd. v. A.B.
Sugars Ltd. 154 (2008) DLT 579). Section 20 of NI Act recognises the right of
a payee to put date on the cheque if the drawer hands over incomplete
negotiable instrument to him. Reading Section 20 of the NI Act read with
Section 118(b) of the NI Act, the accused company had given authority to the
complainant to fill up the date and the cheque in question was drawn on the
date of the cheque i.e. 31.03.2010.
National Small Industries Corp.Ltd vs Harmeet Singh Paintal & Anr on 15 February, 2010
In National Small Industries Corpn. Ltd. v. Harmeet Singh Paintal, (2010) 3
SCC 330 at page 345, it was observed as under: