Dishonor of Cheque - insufficiency of funds - acquittal of the ...

Accused Acquitted: Cheque Dishonor Case Fails as Section 139 Presumption Rebutted; Cheque Issued as Security Misused.

October 13, 2021

Case Laws Indian Laws HC

Dishonor of Cheque - insufficiency of funds - acquittal of the accused - rebuttal of statutory presumption u/s 139 - earlier transaction had been settled by repayment i - The present cheque was one issued as security in the discharge of that liability and such cheque was misused by the appellant/complainant to make it appear that there was a subsequent transaction - The prosecution of the 2nd respondent/accused under Section 138 of the Negotiable Instruments Act must necessarily fail - HC

View Source

← Previous Next →

Dishonor of Cheque - insufficiency of funds - acquittal of the ...

Accused Acquitted: Cheque Dishonor Case Fails as Section 139 Presumption Rebutted; Cheque Issued as Security Misused.

October 13, 2021

Case Laws Indian Laws HC

You may also like:

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

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...

The High Court considered a case involving dishonour of cheque due to insufficiency of funds, determining if a legally enforceable debt existed. The accused was...

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...

Dishonor of Cheque - acquittal of accused - Privity of Contract - The complainant has not made out a case and the presumption was rebutted by the accused in effectively...

Dishonor of Cheque - acquittal of the accused - rebuttal of presumption - Even though the accused is required to probabalise his defence to rebut the presumptions, he...

Dishonor of Cheque - Funds Insufficient - rebuttal of presumption - it is strange that a person with a meagre income would lend such a huge amount to someone and that...

Dishonour of Cheque - acquittal of accused - legally enforceable debt or not - an accused person is presumed to be innocent unless proved guilty and an order of...

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...

Dishonor of Cheque - acquittal of the accused - rebuttal of presumption - legally enforceable debt or not - The complainant has failed to establish his financial...

Dishonor of Cheque - Accused took a specific defence that the cheque in question was obtained by the complainant by exercising force and that the same was a blank cheque....

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...

Dishonor of Cheque - acquittal of the accused - the trial Court has rightly held that the accused was successful to rebut the presumption available to her under Section...

Dishonor of Cheque - acquittal of accused - prepoderance of probablities - cheque in question is dated 20.04.1999, whereas, the letter asking to repay the amount is of...

Presumption u/ss 118(a) and 139 of the Negotiable Instruments Act was not properly applied by the Trial Court. When presumption u/s 139 is raised, the onus shifts to the...

Quick Updates: