Dishonour of Cheque -- Typewritten Cheque -- Not a ground to doubt genuineness or deny statutory presumption
(i) Negotiable Instruments Act, 1881, S.139 -- Dishonour of Cheque -- Typewritten Cheque -- Not a ground to doubt genuineness or deny the statutory presumptions once the complainant establishes the underlying transaction and execution of the cheque. Issuance of a typewritten cheque, though uncommon, is not prohibited by law, and its typewritten nature alone cannot justify disbelief of the complainant's case. (ii) Negotiable Instruments Act, 1881, S.138 -- Dishonour of Cheque -- Fresh Loan Despite Outstanding Liability Between Relatives -- Not an improbable circumstance where the parties are close relatives and advance a further loan despite an earlier liability remaining unpaid. Such conduct does not by itself discredit the complainant's case, particularly where the subsequent transactions are separated by a short interval and the cheque is issued towards the combined liability.
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