The High Court dealt with a case involving the dishonour of a...
Accused acquitted in cheque dishonour case as signature not denied. Trial judge's decision upheld, appellate judge's ruling set aside.
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Indian LawsJune 24, 2024Case LawsHC
The High Court dealt with a case involving the dishonour of a cheque. The accused did not deny her signature on the cheque, triggering the presumption u/ss 118 and 139 of the Negotiable Instruments Act. The trial court convicted the accused u/s 138. The complainant's financial capacity was questioned, but the appellate court did not properly analyze this aspect. Consequently, the High Court set aside the appellate court's decision, reinstated the trial court's judgment, and confirmed the conviction and sentence against the accused. The appeal was allowed.
The High Court dealt with a case involving the dishonour of a cheque. The accused did not deny her signature on the cheque, triggering the presumption u/ss 118 and 139 of the Negotiable Instruments Act. The trial court convicted the accused u/s 138. The complainant's financial capacity was questioned, but the appellate court did not properly analyze this aspect. Consequently, the High Court set aside the appellate court's decision, reinstated the trial court's judgment, and confirmed the conviction and sentence against the accused. The appeal was allowed.
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