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 May 2023 Year 2023 This

Dishonour of Cheque - right of the accused to cross examine the ...


Court Erred in Denying Petitioner's Cross-Examination Right u/s 145(2) in Cheque Dishonor Case.

May 17, 2023

Case Laws     Indian Laws     HC

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 ground of defence or point on which he wishes to cross examine the complainant. It may be that the petitioner has an opportunity to lead defence evidence and rebut the presumption if any, however, that does not mean that the valuable right of the petitioner to cross examine the complainant which he is entitled to under section 145(2) of the NI Act can be lightly brushed aside. - HC

View Source

 


 

You may also like:

  1. Dishonour of cheque - no order for conversion into summons triable matter - application of Section 145(2) of Negotiable Instruments Act, 1881 - violation of natural...

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

  3. Dishonor of cheque - This court has specifically ruled that the second part of Section 145(2), nowhere talks about assigning reasons in the application for...

  4. Dishonour of Cheque - liability created in favour of the Complainant by the Accused or not - MoU between the manufacturer and the retailer - The retailer issued multiple...

  5. 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...

  6. 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...

  7. Dishonour of 5 Cheque - admissibility of joint trial - The High Court held that, when all the cheques were issued by the husband and wife for the same cause of action...

  8. Dishonor of Cheque - legally enforceable debt or not - rebuttal of presumption - both the Trial Court and the Sessions Judge's Court without analyzing the evidence...

  9. Dishonour of Cheque - Evidently, the petitioner cannot be allowed to be prosecuted for bald allegations, burden to prove whereof is on respondent No. 2 in view of...

  10. Dishonour of cheques - 7 cheques dishonoured at different places - different jurisdiction of trial court as per the bounced cheque - as the six complaint cases pertain...

  11. Dishonor of cheque - compounding of offences - The parties have agreed to end the proceedings by way of compromise and the opposite party no.2 has already received the...

  12. Dishonour of Cheque - application seeking permission to produce on record documents and to cross-examine the complainant - it is the case of the complainant that by way...

  13. 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...

  14. Dishonor of Cheque - funds insufficient - difference in drawer’s signature - Apex Court has held that, criminal prosecution against the accused in such cases should be...

  15. Dishonor of Cheque - In this case, the cheques were postdated to 10.12.2017. They became payable only from the dates endorsed therein. Even though the dates of...

 

Quick Updates:Latest Updates