CiteTEXT
...the complaint recording that the appellant/complainant has failed to establish that the cheque (Exh. 20) was issued by the respondent no. 2 to discharge the legal debt/liability.
6...whether the respondent no. 2/accused has been able to discharge the burden of proving that the cheque (Exh. 20) was issued for some other purpose and not for discharging the legal debt/liability.
.... 2/accused to discharge the legal debt/liability.
9] After examining the evidence on record, I find that the respondent no. 2/accused has failed to discharge the burden...
...necessity and in order to discharge his legal debt liability he had given post dated cheque, which was presented and was not honoured.As per the appellate Court, the liability arose because...payments through cheques as well as in cash. He had left certain signed cheques in the custody of Harjinder Singh to meet the unforeseen requirement to discharge liability during his absence, if any...
...complainant has failed to prove that the cheque which was dishonored was given by the accused to the complainant to discharge the legal debt/liability.
3] It is not in...required to be considered is whether the conclusions of the learned Magistrate that the complainant has not been establish that the cheque was given by the accused to discharge the legal debt/liability, are...dismissing the complaint filed by the complainant on the ground that the complainant has not been able to prove that the cheque in question was given to the complainant to discharge the legal debt/liability.
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...learned counsel for the applicant is that he has no legal debt/liability to pay any amount, therefore, the cheque is not issued to the opposite party no.2. Further submission is that initiation and...
...counsel for complainant submitted in order to discharge his legal debt liability Amandeep Singh Gill issued a cheque bearing No.0733333 dated 25.6.2020 amounting to 80,000/- in favour of complainant. On...
...recorded that the complainant has failed to prove that the cheque was issued by the accused to discharge the liability of repaying the legal debt.
6] After going through the...was issued by the accused to repay the legal debt/liability, are proper and sustainable.
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7] As the complainant...said that the cheque was not given by the accused to discharge the legal debt/liability. As I find that the learned Magistrate has failed to examine the matter in the light of the provisions of...
...the same would be returned to him within short period. In CRM No.A-1936-MA of 2014 -2- order to discharge his legal debt/liability, the accused issued one cheque bearing No.353450 dated 24.03.2012 for...evidence against him and pleaded his innocence. He also pleaded that he has no legal debt/liability against the complainant. He was having committee with the complainant in the year 2005-06 and two blank...a sum of `4 lakhs in favour of the complainant, which on presentation for encashment was dishonoured with the remarks 'No such account'. Legal notice was served. When the amount was not paid, then the...
...the month of September 2010 with the assurance that same would be returned. When the complainant approached the accused and demanded the money, the accused in order to discharge his legal debt/liability issued...one cheque bearing No. 577552 dated 16.5.2011 for Rs. 2,80,000/-, which on presentation for encashment returned back by the Bank with the remarks “funds insufficient”. Legal notice was given...
...learned Magistrate has rightly held that the cheque in question was not issued for discharge of the legal debt/liability and in fact it was issued as a security which was now being misused by the...Singh took a cash loan of Rs. 95,000/- from him and in discharge of his legal liability, issued a cheque bearing No. 433351 dated 19.07.2012, which however, on presentation to the bank was dishonoured...
...debt/liability of the drawer. The Opposite Party no.2 has to prove beyond reasonable doubt that the subject cheque is backed by the existence legal debt/liability of the petitioner. In the present case..., it is apparent that the Learned Appellate Court took a preconceived notion about the existence of the purported legal debt and/or liability in favour of the Opposite Party no.2 and passed the impugned...that the cheque has been drawn by the payee or holder in due course but it does not create any presumption that the cheque is backed by existing legal debt/liability. It is the duty of the prosecution to...
... 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act) against Harbans Lal on the allegations that to discharge his legal debt/liability, accused Harbans Lal had...issued the cheques in question in discharge of his legal/debt/liability and the accused has failed to make the payment to the complainant within the period of 15 days from the receipt of notice. As such...complaint had been filed; that he had never taken any amount from the complainant to discharge the outstanding debt and liability; that the present cheque was not filled in by him and the same had...
...presented by the respondent in its bank. Thus, as per the agreement entered into with the respondent, the petitioner society is under legal debt / liability.
7. The...towards the payment of advance sale consideration and as on date of issuance of the cheque no debt or other liability as defined under the provisions of Section 138 of Negotiable Instrument Act was in...petitioner society and the MOU was entered into, by the petitioner society with the respondent, only for facilitating the transaction. The petitioner society has not incurred any debt or other liability...
...kept on depositing the regular cheque No. 949337 dated 20.4.2010 for Rs. 94,000/- drawn at Oriental Bank of Commerce, Karnal in favour of the applicant-firm in discharge of his part legal debt/liability. The...legal notice dated 30.4.2010 was duly served upon the respondent through registered post whereby he was called upon to make the payment of the cheque but the respondent failed to make payment of the...that date, there was no debt which the respondent had to pay to the applicant-firm. No evidence was led by the firm to show that once the transfer of the vehicle has been made in favour of the...
...-complainant and in discharge of said legal debt liability, petitioner issued two cheques in favour of the respondent-complainant. However, on presentation of aforesaid cheques for encashment, they were...legal liability. The respondent-complainant filed a complaint under Section 138 of the NI Act in which the petitioner stood convicted by the learned Judicial Magistrate 1stClass...dishonoured with remarks 'funds insufficient'. Thereafter, the respondent-complainant sent a legal notice dated 19.06.2019 demanding the cheque amount, however, the petitioner failed to discharge his...
...in question was issued in discharge of legal debt/liability or it was in discharge of agreement to the sale.4. The contention of the learned counsel for the petitioner is that due to...impugned order, this Court of the considered view that the same are without any legal substance.6. No doubt, under Section 391 Cr.P.C. or under...
...issued by him in discharge of a legal debt/liability? OPD
2. Subject to the decision on issue no.1, whether the plaintiff is entitled to recover a sum of Rs...
...accused in order to discharge her legal debt/liability, issued one cheque bearing No. 067926 dated 17.09.2010 for a sum of Rs. 2,50,000/- drawn on SBI, Rayya Branch, Rayya in favour of complainant...legal debt/liability. In fact, accused never issued the cheque in question to complainant. Complainant was on visiting terms with the accused who stole the said cheque from her house and misused the same...discharge of her legally recoverable debt/liability. On his part, learned counsel for complainant argued that signature on the cheque in question are of the accused. Therefore, a legal presumption...
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(2 ) A short reference to the factual backdrop would be expedient to appreciate the matter properly. The petitioner , in discharge of his legal debt / liability, issued one cheque of Rs.75,000...there was no existence of any legally enforceable debt or liability to be discharged by the petitioner;
(b) that the Ld. Courts failed to take a proper decision as to the fact that the...& came to a wrong finding that the cheque was issued by the petitioner in discharge of any legally enforceable debt / liability. He has taken this court to the deposition of the Complainant, specially...
...under Section 138 of the NI Act. As per the averments made in the complaint, the accused had taken a friendly loan from the complainant and in order to discharge part of this legal debt/liability issuecfflieque...personally. She has no legal liability towards the complainant for the cheque amount as claimed in the complaint. The accused in defence also examined DW-1 Sukhjinder Singh, Handwriting and Finger...bearing No. 034502 dated 24.9.2006 for the sum of Rs. 65,000/-. The cheque was returned back with the remarks “insufficient funds” when it was presented for encashment. Legal notice was...
...accused-respondent had nothing to say in his defence. It is further contended that the cheque in question was not given as security which indicates that the cheque was given in discharge of legal debt/liability.
...-respondent borrowed Rs. 2,00,000/- as friendly loan from the applicant in June 2016 which he had promised to return to the applicant within six months. In order to discharge his legal liability, he issued a..., 2016, which was to be repaid by the accused within six months. In order to discharge the legal liability towards refund of the loan amount, accused issued a cheque bearing No.707576 dated 23.05.2017...