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 January 2022 Year 2022 This

Dishonor of Cheque - existence of the legally enforceable debt ...

Indian Laws

January 4, 2022

Dishonor of Cheque - existence of the legally enforceable debt or not - In the light of the presumption under Section 139 which stands unrebutted and also the supporting materials in the form of Exts.P8 and P9 series, it is found that the cheque was issued in discharge of a legal liability towards the appellant herein - legal requirements for attracting the offence under Section 138 of the Negotiable Instruments Act regarding the issuance of notice and timeline to be followed before initiating the proceedings are seen duly complied with. - The accused is found guilty u/s 138 - HC

View Source

 


 

You may also like:

  1. Dishonor of Cheque - existence of legally enforceable debt or not - acquittal of the accused - presumption of innocence - the presumption under Section 139 of the NI Act...

  2. Dishonor of Cheque - presumption of liability against the respondent-accused - Rebuttal of presumption or not - acquittal of the accused - Once suspicion is created by...

  3. Dishonour of Cheque - Legally enforceable debt or not - The offence under Section-138 arises only when a cheque that represents a part or whole of the legally...

  4. Dishonor of Cheque - acquittal of the accused - if the accused is able to raise a probable defence which creates doubts about the existence of a legally enforceable debt...

  5. Dishonor of Cheque - legally enforceable debt or not - The complainant upon whose shoulder the burden of proving the alleged existence of legally enforceable debt was...

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

  7. Dishonor of Cheque - enforceable debt at the time of encashment - The first respondent has made part-payments after the debt was incurred and before the cheque was...

  8. Dishonor of Cheques - legally enforceable debt or not - Rebuttal of presumption - The cheques pertain to these 4 cases, have been issued by the accused only to discharge...

  9. Dishonour of Cheque - guarantor's liability - The petitioner, being stood as a guarantee for the aforesaid two companies, was not liable to pay any amount to the...

  10. Dishonor of Cheque - funds insufficient - legally enforceable debt or not - the cheque which was issued by him towards security and the same was used by the petitioner...

  11. Dishonor of Cheque - legally enforceable debt or not - In the absence of any rebuttal proof the initial presumption that was taken in favour of the respondent will...

  12. Dishonor of Cheque - rebuttal of presumption - A plausible case has been made out by the defence as regards the non-existence of any such legally enforceable debt or...

  13. Dishonor of Cheque - rebuttal of presumption about the legally enforceable debt or not - the complainant, apart from existence of a presumption of a legally enforceable...

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

  15. Dishonor of Cheque - legally enforceable debt or not - the accused discharged his burden under Sections 118 and 139 of the N.I.Act to prove that the cheque had not been...

 

Quick Updates:Latest Updates