C2RM… To Know More
Something Awesome Is In The Work
The present case pertains to dishonour of cheque for Rs.15 lakhs. It was allegedly issued by the accused for discharging a loan taken from the complainant. A notice was served by the complainant demanding the repayment of loan amount. But the accused had denied the transaction while replying to the notice. He stated that the blank cheques which were issued for an earlier sale transaction, were misused by the complainant.
The accused was earlier acquitted by the Trial Court. But the Appellate Court held the accused as a convict, thereby reversing the order of Trial Court. The High Court referred the matter to a fresh trial.
But the Supreme Court found that presumption under Section 139 of the Negotiable Instruments Act relating to existence of legally enforceable debt was rebutted. The Apex Court acquitted the accused under Section 138 NI Act and observed:
"On a totality of the facts and circumstances and based on the evidence on the record, the first appellate court held that the presumption under Section 139 of the Act stood rebutted and that the defence stood probabalised. From the judgment of the High Court, the significant aspect of the case which stands out is that there has been no appreciation of the evidence or even a reference to the reasons furnished by the first appellate court."
High Court's judgment was termed as unsatisfactory as no reference was made to evidence on record.
"There was absolutely no valid basis to displace the findings of fact which were arrived at by the first appellate court,while acquitting the accused."Tagged: SupremeCourt Section139 NegotiableInstrumentsAct
Resource centre is one stop destination for users who are seeking for latest updates and information related to the law. takes the privilege to bring every single legal resource to your knowledge in a hassle free way. Legal Content in resource centre to help you understand your case, legal requirements. More than 3000 Documents are available for Reading and Download which are listed in below categories:
SoOLEGAL Transaction Services Agreement :
S-1. Your Documents/ Advice Listings and Orders
S-1.4 Credit Card Fraud.
S-2. Transaction and Fulfilment, Refunds and Returns
S-2.1 Transaction and Fulfilment:
Fulfilment – Fulfilment is categorised under the following heads:
All taxes or surcharges imposed on fees payable by you to SoOLEGAL will be your responsibility.
S-6 Transactions Proceeds & Refunds.
S-7. Control of Site
S-8. Effect of Termination
"SoOLEGAL Refund Policies" means the return and refund policies published on the SoOLEGAL Site.
Category and Documents/ Advice Restrictions
Detail pages may not feature or contain Prohibited Content or .
Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information violating any law for the time being in force.
Do not include HTML, DHTML, Java, scripts or other types of executables in your detail pages.
Prohibited REGISTERED USER Activities and Actions
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
In your request, please provide an explanation of the legitimate business need for a second account.
Listing prohibited content may result in the cancellation of your listings, or the suspension or removal of your transacting privileges. REGISTERED USERS are responsible for ensuring that the Documents/ Advices they offer are legal and authorised for Transaction or re-Transaction.
If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Intellectual Property Violations
Books - Unauthorised copies of books are prohibited.
Photos - Unauthorised copies of photos are prohibited.
YOU HAVE AGREED TO THIS TRANSACTION TERMS BY CLICKING THE AGREE BUTTON