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Dishonour of Cheque - existence of a legally enforceable debt - ...


Supreme Court Clarifies Accused's Burden to Prove No Debt in Cheque Dishonor Cases; High Court's Approach Criticized.

October 11, 2023

Case Laws     Indian Laws     SC

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 the want of evidence on part of the complainant in order to support his allegation of having extended loan to the accused, when it ought to have instead concerned itself with the case set up by the accused and whether he had discharged his evidential burden by proving that there existed no debt/liability at the time of issuance of cheque. - SC

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