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Dishonor of Cheque - presumption of liability against the ...


Cheque Dishonor Case: Can Accused Rebut Presumption of Liability by Creating Suspicion on Cheque's Purpose?

April 30, 2022

Case Laws     Indian Laws     HC

Dishonor of Cheque - presumption of liability against the respondent-accused - Rebuttal of presumption or not - acquittal of the accused - Once suspicion is created by an accused, the burden of proof would thereafter shift upon the complainant to prove that the cheque had been executed in discharge of a pre-existing liability/legally enforceable debt. Existence of legally enforceable debt is a pre-requisite for issuance of a cheque. - HC

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