Supreme Court · 2003 INSC 658 · Decided 20 November 2003
Goa Plast (P.) LTD. v. Chico Ursula Dsouza
- Court
- Supreme Court of India
- Citation
- 2003 INSC 658 · [2003] SUPP. 5 S.C.R. 835
- Case number
- CRIMINAL APPEAL No. 1968/1996
- Decided
- 20 November 2003
- Bench
- B.P. SINGH, AR. LAKSHMANAN (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- NI Act Section 138, 139, 142
Headnote
B Negotiable Instruments Act, 1881: Ss. 138, 139 and 142-Dishonour of cheque-Instructions by drawer to stop payment-Liability of drawer-Presumption in favour of drawee- C Absence of mercantile relationship between parties-Relevancy of-Object and ingredients of ss. 138 and 139-Held, cheque issued shall be deemed to have committed offence punishable u/s 138-s. J 39 creates a presumption, unless contrary is proved, that holder of cheque received it D for discharge of debt or any other liability-Drawer failed to rebut the presumption-For cases filed under s.142 relationship between drawer and
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