Dishonour of Cheque - Rule of evidence - acquittal of accused - ...

Indian Laws

February 28, 2024

Dishonour of Cheque - Rule of evidence - acquittal of accused - Proof of liability - service of demand notice - The High court concluded that the complainant had fulfilled its responsibility of proving the authorization, and the trial court's refusal to accept certain evidence was unjustified and hyper-technical. - Consequently, the court set aside the judgment of acquittal and convicted the respondent for the offense under Section 138 of the Negotiable Instruments Act.

View Source

← Previous Next →

Dishonour of Cheque - Rule of evidence - acquittal of accused - ...

Indian Laws

February 28, 2024

You may also like:

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

Dishonour of Cheque - acquittal of accused - rebuttal of presumption - The High court found that the evidence presented by the complainant was sufficient to establish...

Dishonour of Cheque - acquittal of accused - legally enforceable debt or not - an accused person is presumed to be innocent unless proved guilty and an order of...

Dishonor of Cheque - insufficiency of funds - acquittal of the accused - The proviso to Section 138 of the Act affords clear indication that ‘giving notice’ in the...

Dishonor of Cheque - The Explanation to Section 138 of N.I.Act clearly states that the dishonoured cheque shall relate to a legally enforceable debt or liability. In the...

Dishonor of cheque - acquittal of the accused - legally enforceable debt or not - It appears that the accused is attempting to divert the attention of this Court by...

Dishonor of Cheque - acquittal of the accused - rebuttal of presumption - It is settled that there may not be sufficient negative evidence which could be brought on...

Dishonour of Cheque - acquittal of accused - The trial court's failure to record the accused's statement under Section 342 of J&K Cr.P.C. did not render the trial...

Dishonor of Cheque - acquittal of accused - Privity of Contract - The complainant has not made out a case and the presumption was rebutted by the accused in effectively...

Dishonor of cheque - insufficiency of funds - discharge of legal liability or not - In the case of acquittal, there is double presumption in favour of the accused. An...

Dishonor of Cheque - insufficiency of funds - acquittal of the accused - The evidence on record would clearly show that the fact is not as presumed. Therefore, the...

Dishonor of Cheque - acquittal of the accused - When the contract agreement was cancelled, question of enforcing the agreement does not arise. - The Trial judge has...

Demand of Service Tax - Reverse charge mechanism - import of services - As such it is not the liability of service recipient but the liability of service provider which...

Demand of service tax from Cooperative Society - principle of mutuality - Consultancy service - no demand - HC

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...

Quick Updates: