Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2022 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (2) TMI 353 - HC - Indian LawsDishonor of Cheque - legally enforceable debt or not - cheque issued towards the legal fees - allegation of the complaint clearly shows that one cheque was issued towards L.I.C. Policy and the other is for legal fees - HELD THAT:- It is pleaded in the complaint that one of the cheques was issued towards the L.I.C. Policy commission and the another one is for legal fees. Therefore, whether there is a legally enforceable debt or not, has to be seen only at the time of trial. Though the legal notice was replied raising disputed question of facts, the same have to be seen only at the time of evidence. The onus is only on drawer of the cheque to dislodge the legal presumption. Though, there may not be any direct evidence to dislodge the presumption, even the circumstances can be brought on record by the drawer to prove the case before the trial Court. In such view of the matter, the disputed facts cannot be gone into at this stage while deciding the petition filed under Section 482 Crl.P.C. Petition dismissed.
|