Dispay PDF
Dispay PDF
Dispay PDF
JUDGE, COURT OF
SMALL CAUSES &
ADDL. CHIEF METROPOLITAN MAGISTRATE,
MAYO HALL UNIT, BENGALURU (SCCH-21).
JUDGEMENT
2. What order?
REASONS
11. Section 118 of N.I. Act lays down that, until the
contrary is proved, it shall be presumed that every Negotiable
Instrument was made or drawn for consideration. Section
139 of N.I. Act, contemplates that unless the contrary is
proved, it shall be presumed that the holder of the cheque
received the cheque of the nature referred to in Section 138
for the discharge, in whole of any debt or liability. In the
decision reported in 2001 Crl.L.J. page 4647 (SC) (Hiten
P.Dalal –Vs- Bratindranath Banerjee) and in various other
decisions of Hon’ble Supreme Court and our Hon’ble High
Court, repeatedly observed that in the proceeding under
Section 138 of N.I. Act the complainant is not required to
establish either the legality or the enforceability of the debt or
liability since he can avail the benefit of presumption under
Section 118 and 139 of N.I. Act in his favour. It is also
observed that, by virtue of these presumptions, accused has
SCCH-21 6 C.C. No.53724/15
02.01.2015
To
Volvo India Pvt. Ltd.,
Bangalore.
From
M P Vikram
#14, Bull Temple Road
Basavanagudi
SCCH-21 9 C.C. No.53724/15
Bangalore.
Please find enclosed 56 cheque leaves as per the face value for
Rs.10,000,00/- Lacs each with the Cheque Number:580707 to
580755, Cheque No.548806 to 548811, and Cheque
Number:58812 for Rs.1,33,982/- Lacs.
With regards
-sd-
MP Vikram
(VANI A. SHETTY)
XVII ADDL. JUDGE,
Court of Small Causes &
ACMM, Mayo Hall Unit,
Bengaluru.
SCCH-21 17 C.C. No.53724/15
ANNEXURE
List of witnesses examined on behalf of the complainant:
(VANI A. SHETTY)
XVII ADDL. JUDGE,
Court of Small Causes &
ACMM, Mayo Hall Unit,
Bengaluru.
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