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Indian Laws - Highlights / Catch Notes

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Dishonour of Cheque - whether the amount due and payable on the ...


Court to Decide if Petitioners' Cheques Exceed Debt Owed; Presumption Favors Complainants Per Sections 118(a), 139 NI Act.

October 21, 2023

Case Laws     Indian Laws     HC

Dishonour of Cheque - whether the amount due and payable on the part of petitioners towards the complainants, even as per the case of complainants, was less than the amount of cheques in question? - the presumption under Section 118(a) and 139 of NI Act shall be in the favour of complainants, since the issuance of cheques is not disputed and it has to be presumed that the cheques in question had been issued towards some legally enforceable debt. - The issue raised by the accused to be decided by the Trial Court - HC

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