AI Overview...
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Cheque as a Promise - A cheque is considered a promise to pay within the meaning of Sub-section (3) of Section 25 of the Indian Contract Act. Its issuance signifies an agreement or promise to pay a specific amount to the payee Dinesh B. Chokshi VS Rahul Vasudeo Bhatt - Bombay, Dinesh B. Chokshi VS Rahul Vasudeo Bhatt - Current Civil Cases, Ramakrishnan VS Parthasaradhy - Dishonour Of Cheque.
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Legal Recognition - Courts have recognized that a cheque constitutes a promise to pay, and its dishonor does not automatically negate this obligation. The act of issuing a cheque creates a contractual obligation, which can be enforced legally [Presolite of India Ltd. VS Munsif Magistrate
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Allahabad](https://supremetoday.ai/doc/judgement/02500038683), Suresh Kumar Joon VS Mool Chand Motors - Delhi.
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Cheque and Contract Law - Under Section 25(3) of the Contract Act, the issuance of a cheque is deemed a promise to pay, establishing a contractual right to recover money. Delivery of a cheque completes the transaction, reinforcing its status as a promise Ramakrishnan VS Parthasaradhy - Dishonour Of Cheque, SHYAM SUNDAR BABU NAIK DESSAI VS BABAN ANANT NAIK - Bombay.
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Implications in Legal Cases - Courts have upheld that a cheque, even if not containing an express promise, is an implied promise to pay, especially under Sections 138 and 139 of the Negotiable Instruments Act, which deal with dishonor and liability Suresh Kumar Joon VS Mool Chand Motors - Delhi, JOHNSON vs STATE OF KERALA - Kerala.
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Re-Presentation and Promissory Nature - Requests to re-present a cheque with assurances of honoring it are seen as reaffirming the promise to pay, not merely procedural steps, emphasizing the contractual promise inherent in the cheque UDAY SATHE (EX - MAJOR) VS RAHUL RAJENDRA BORUNDIA - Bombay.
Analysis and Conclusion:
A cheque is legally recognized as a promise to pay a specified amount, governed by provisions in the Contract Act and the Negotiable Instruments Act. Its issuance creates a contractual obligation, and its dishonor can lead to legal liability. Therefore, a cheque is not just a bill of exchange but also a promise to pay, making it a significant instrument in contractual and criminal law contexts.
Search Results for "Is Cheque is a Promise"
2012 0 Supreme(Bom) 2019 • India - Bombay
A.S.OKA, SADHANA S.JADHAV
debt, it would constitute a valid and enforceable promise---A cheque is a promise within the meaning of Sub-section (3) of Section ... , the cheque amounts to a promise governed by the Sub-section (3) of Section 25 of the Contract Act. ... Negotiable Instruments Act (1881), S.13 - Contract Act (1872), 8.25(3) - If a cheque is issued towards repayment of a time barred ... In a contract of insurance when the insured gives a cheque towards payment of premium or part of t....
• India - Current Civil Cases
A.S.OKA, SADHANA S.JADHAV
, the cheque amounts to a promise governed by the sub-section (3) of Section 25 of the Contract Act—Such promise which is an agreement ... a cheque is a bill of exchange drawn on a specified banker—The drawer of a cheque promises to the person in whose .name the cheque ... it would have to be held that a cheque is a promise within the meaning of Subsection (3) of Section 25 of the Contract Act—What ... In a contract of insurance whe....
2006 0 Supreme(Bom) 696 • India - Bombay
R.S.MOHITE
Where the accused calls upon the complainant to re-present the original cheque, coupled with the promise that the cheque would be ... the cheque coupled with the promise that same would be honoured, would not a mount to "making the payment’ within the meaning of ... In this view of the matter, the mere re quest to re- present the cheque, coupled with the promise that the same would be honoured ... Similar is the case where the accused calls upon the complainant to re ....
1978 0 Supreme(All) 21 • India - Allahabad
P.N.GOEL
Cheque - Dishonor - The court held that the giving of a cheque is a promise to pay, and its subsequent dishonor does not per se ... Ratio Decidendi: The court held that the giving of a cheque is a promise to pay, and its subsequent dishonor does not per ... Fact of the Case: paragraph 3 mentions that a cheque no. FDV 130942. New Bank of India, Faridabad dated 22-3-1975 for Rs. 3776. 30 was given by the accused saying that it was risky to bring cash money, that there was enough money....
2025 Supreme(Online)(Mad) 56840 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATTHISH KUMAR
... ... Issues: Whether the cheque constituted a promise to repay a time-barred debt, and if the suit was maintainable without presentment ... as a promise to return the advance regardless of the appellant's denials. ... of the cheque. ... before the promise is made. ... or abstain from doing something, such act or abstinence or promise is called consideration for the promise . ... Promises, express and implied.- In so far as the proposal or accept....
2012 0 Supreme(Del) 2867 • India - Delhi
V.K.JAIN
as a promise to pay. ... as a promise to pay, ultimately influencing the court's decision. ... The defendants had allegedly failed to repay the loan and had issued a dishonored cheque towards repayment. ... It is true that the cheque does not contain an express promise in writing, to pay the amount of the cheque to the payee or the cheque. However, Section 9 of the Indian Contract Act makes it very clear that the promise can be express as well as imp....
1991 0 Supreme(Mad) 819 • India - Madras
PRATAP SINGH
of cheque amount-Said promise not fulfilled-Held, an offence of cheating against accused alleged. ... Indian Penal Code, 1860-Section 420 - Dishonour of cheque-Accused requesting for granting 15 days times to enable him to make payment ... Packiaraj, the learned counsel appearing for the petitioner, would contend that while the cheque was returned on the first presentation, the offence was complete and that while so, the petitioner cannot present the very same cheque again and make a complaint for offen....
2008 0 Supreme(Bom) 1025 • India - Bombay
R.C.CHAVAN
-A cheque is a promise to pay an amount and hence gives rise to fresh contract and fresh set of obligation to pay the amount. ... In view of this, the arguments that payment under a cheque in respect of time barred obligation can not be enforced has to be rejected ... Section 5 of the Negotiable Instruments Act defining and describing a bill of exchange also refers to a "promise" or an "order" to pay. A cheque is a promise to pay an amount and hence gives rise to a fresh contract and f....
2016 Supreme(Online)(KER) 15142 • India - High Court of Kerala
SUNIL THOMAS, J
conviction under Section 138, interpreting the obligation of issuing a cheque as a promise to pay a legally enforceable debt, and ... Cheque - Offences - Negotiable Instruments Act - Section 138, Criminal Procedure Code - Section 357(3) - The court upheld the ... Fact of the Case: The complainant filed a case for dishonour of a cheque for Rs.80,000 issued by the accused for a ... The only suggestion made in the cross examination was that the cheque was issued for the security purpose and was misused b....
• India - Dishonour Of Cheque
JAWAHAR LAL GUPTA, KURIAN JOSEPH
becomes a promise to pay under Section 25(3) of Contract Act—Execution of cheque is ... In other words, the issuance of a cheque becomes a promise to pay under Section 25(3) of the 25(3) of the Contract Act. The delivery of the cheque to the drawee creates a right to recover the money. ... Still further, by virtue of the provisions of Section 46 of the Negotiable Instruments Act, the delivery of a cheque completes the transaction. By the factum of delivery, the written promis....
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