WHEN YOU READ CASE LAWS THAN UNLESS YOU KEEP YOURSELVES UPDATED THAN IT DOES MORE HARM THAN GOOD0
ALL CASES OF POST DATED CHEQUES, BLANK CHEQUES AND EVEN STOLEN CHEQUES HAVE BEEN OVER RULED.
FROM A RECENT JUDGMENT OF SUPREME COURT.
The judgment clearly held that the presumption under Section 139 of the Negotiable Instruments Act, 1881, includes the presumption of the existence at a legally enforceable debt or liability. That presumption is required to be honoured, and if it is not so done, the entire basis of making these provisions will be lost.
three-Judge Bench of SUPREME COURT has approved the above decision and held that failure of the drawer of the cheque to put up a probable defence for rebutting the presumption that arises under Section 139 would justify conviction even when the appellant drawer may have alleged that the cheque in question had been lost and was being misused by the complainant.
New Delhi;
November 27, 2012