Dishonor of Cheque - raising of presumption available u/s 139 of ...

Accused must provide specific defense to challenge complainant's financial capacity in cheque dishonor cases u/s 139.

September 9, 2022

Case Laws Indian Laws HC

Dishonor of Cheque - raising of presumption available u/s 139 of the Negotiable Instruments Act - If according to the accused, the complainant had no capacity to lend money, he must introduce a specific defence to that effect. Unless such a defence is introduced, the court is not expected to give a finding regarding financial capacity. - HC

View Source

← Previous Next →

Dishonor of Cheque - raising of presumption available u/s 139 of ...

Accused must provide specific defense to challenge complainant's financial capacity in cheque dishonor cases u/s 139.

September 9, 2022

Case Laws Indian Laws HC

You may also like:

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....

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

Dishonor of Cheque - The financial capacity of the complainant to lend money to the accused also can be gathered from the evidence. As such, the other point of argument...

Dishonour of Cheque - false and fabricated cheque - The capacity to advance loans to the accused persons has not been established by the complainant and the alleged...

Dishonor of Cheque - discharge of legally enforceable debt or not - Admittedly, the accused is neither a friend nor relative of the complainant. Hence, the financial...

Dishonour of Cheque - right of the accused to cross examine the complainant - The trial Court, committed error in observing that the petitioner is silent on the specific...

Dishonour of Cheque - Though the demand Promissory Note state and also it is pleaded by the complainant that accused had agreed to repay the said sum along with interest...

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,...

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

Dishonor of Cheque - acquittal of the accused - the accused by way of cross examining the complainant has exposed him and that itself establishes that presumption is...

Dishonor of Cheque - An offence under Section 138 of the NI Act is technical in nature and defences, which an accused can take, are inbuilt; for instance, the cheque was...

Dishonour of Cheque - non-application of mind - The High Court highlighted the presumption in favor of the complainant under Section 139 of the N.I. Act and affirmed the...

Dishonor of Cheque - The preponderance of probabilities is tilting in favour of the accused. The accused has also brought on record such facts, material and...

Dishonor of Cheque - rebuttal of evidence - source of income/capacity to lend - The accused has the right to demonstrate that the complainant in a particular case did...

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

Quick Updates: