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 September 2023 Year 2023 This

Dishonour of Cheque - existence of legally recoverable debt or ...


Cheque Dishonor: Accused Fails to Prove Defense, Complainant Not Required to Prove Debt Existence.

September 16, 2023

Case Laws     Indian Laws     HC

Dishonour of Cheque - existence of legally recoverable debt or liability - The accused has failed to establish his defence even on preponderance of probability, therefore, there was no occasion to shift onus of proof on the complainant to establish existence of legally recoverable debt or liability. - HC

View Source

 


 

You may also like:

  1. Acquittal of the accused in a cheque dishonor case. The court observed that once the accused raises a probable defense by leading evidence to show no debt/liability...

  2. 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...

  3. 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...

  4. 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...

  5. 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...

  6. 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...

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

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

  9. Dishonour of Cheque - existence of a legally enforceable debt - onus to prove - The fundamental error in the approach lies in the fact that the High Court has questioned...

  10. 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...

  11. 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...

  12. 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....

  13. Dishonour of Cheque - existence of debt/liability or not - rebuttal of presumption - the Complainant ought to have been substantiated his contention that in fact he has...

  14. Dishonor of cheque - denial of issuance of cheque and signatures - This court is convinced and satisfied that complainant has successfully proved by leading cogent and...

  15. 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...

 

Quick Updates:Latest Updates