Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Indian Laws - Highlights / Catch Notes

Home Highlights August 2018 Year 2018 This

Dishonor of cheque due to stop-payment - Once the accused ...


Accused Rebutted Presumption u/s 138, Shifting Burden; Complainant Failed to Prove Case in Cheque Dishonor.

August 23, 2018

Case Laws     Indian Laws     HC

Dishonor of cheque due to stop-payment - Once the accused rebutted the presumption under Section 138 of Negotiable Instruments Act, the complainant is liable to prove his case. The complainant failed to prove his case. Since, the cheques were returned on the request for stop payment and the said stop payment was not issued by the accused.

View Source

 


 

You may also like:

  1. Dishonor of cheque - presumption that cheque was issued in discharge of legal liability, burden on accused to prove contrary. Supreme Court observations: While deciding...

  2. Dishonor of Cheque - legally enforceable debt or not - Since the accused rebutted the presumption whatever arisen by adducing oral and documentary evidence, the onus...

  3. Dishonor of Cheque - The presumption under Section 139 is a rebuttable presumption and the onus is on the accused to raise the probable defence. The standard of proof...

  4. The case involved a dispute regarding the dishonour of cheques, with the key issue being whether the Respondent had a legal obligation to pay back the money under the...

  5. The accused successfully rebutted the mandatory presumption u/s 139 of the Negotiable Instruments Act by raising a probable defence and bringing in suspicious...

  6. Dishonour of Cheque - Rebuttal of presumption - Financial Capacity - misuse of Cheque by the complainant - The High Codurt noted that the Learned Trial Court rightly...

  7. HC allowed the appeal, reversing the acquittal of Respondent No. 2 under Section 138 of Negotiable Instruments Act. The court held that the accused failed to rebut...

  8. The HC held that in the demand notice, if the cheque amount and other claimed amounts are mentioned separately, it is a valid notice u/s 138(b) of the NI Act....

  9. The Kerala High Court dealt with a case involving dishonor of cheques u/s 138 of the Negotiable Instruments Act. The court considered joint trial of cases, material...

  10. Dishonor of Cheque - burden of proof on complainant to establish his case - rebuttal of presumption - In the present case non filing or production of books of accounts...

  11. Dishonor of Cheque - standard of proof for rebuttal presumption - The accused has discharged the burden under Section 118(a) and 139 of the Negotiable Instrument Act...

  12. This is a summary of a legal case related to the dishonor of a cheque. The court held that the accused failed to rebut the presumption of consideration for the cheque by...

  13. In a case concerning dishonor of cheques u/s 138 of the Negotiable Instruments Act, the Court upheld the conviction and sentence. The accused admitted issuing cheques...

  14. Dishonour of Cheque - in view of the evidence adduced on behalf of the complainant to prove the complaint case, the burden of proof which was shifted upon the accused to...

  15. Dishonour of Cheque - acquittal of accused - rebuttal of presumption - The High court found that the evidence presented by the complainant was sufficient to establish...

 

Quick Updates:Latest Updates