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 November 2018 Year 2018 This

Dishonor of Cheque - offense u/s 138 - Since issuance of cheque ...


Lower Appellate Court Wrongly Overturns Trial Court in Cheque Dishonor Case u/s 138; Complainant Proved Case.

November 5, 2018

Case Laws     Indian Laws     HC

Dishonor of Cheque - offense u/s 138 - Since issuance of cheque by the accused and his signature therein are admitted by the accused and the complainant has proved his case by way of preponderance of evidence, the lower appellate Court went wrong in setting aside the judgment of the trial Court.

View Source

 


 

You may also like:

  1. 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...

  2. Dishonor of Cheque - Different cheques, may be issued for discharging the liability, arising out of one and same transaction, are separate entities and dishonour of each...

  3. In a dishonored cheque case, the SC overturned the High Court's decision, ruling that the complainant is not obligated at the threshold to prove financial capacity to...

  4. HC dismisses appeal in cheque dishonour case, affirming lower court's acquittal. Complainant failed to establish legally enforceable debt under Section 138 of Negotiable...

  5. Dishonor of Cheque - The Explanation to Section 138 of N.I.Act clearly states that the dishonoured cheque shall relate to a legally enforceable debt or liability. In the...

  6. The High Court examined the validity of the summoning order and framing of notice u/s 138 of the Negotiable Instruments Act, 1881, in a dishonor of cheque case. It...

  7. In a case involving dishonor of a cheque, the prosecution successfully discharged its burden u/s 138 of the Negotiable Instruments Act. The sole respondent admitted to...

  8. Dishonour of cheque - Cross-examination of complainant - The Court held that, it is clear that the petitioner had extensively questioned the complainant in his...

  9. Dishonor of cheque - section 138 of NI Act - there is a presumption in favour of the holder - at the time of the consideration of the case for summoning, the merit of...

  10. Dishonour of Cheque - conviction of accused - The High Court upheld the conviction under Section 138 of the Negotiable Instruments Act based on the evidence presented,...

  11. Dishonor of cheque case - Issuance of summons - Cheque furnished as security covered u/s 138 of NI Act or not? - Scope and limited jurisdiction of High Court u/s 482...

  12. The HC determined that in a dishonored cheque case under Section 138 of the Negotiable Instruments Act, proceedings had not yet reached the stage contemplated under...

  13. Dishonour of Cheque - insufficient funds - The complainant by leading cogent evidence that the accused had issued a cheque against a liability to the complainant, which...

  14. Dishonor of cheque - denial of issuance of cheque and signatures - This court is convinced and satisfied that complainant has successfully proved by leading cogent and...

  15. 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...

 

Quick Updates:Latest Updates