Accused's conviction u/s 138 of Negotiable Instruments Act ...

High Court Upholds Conviction u/s 138 of Negotiable Instruments Act; Accused Fails to Rebut Presumptions.

January 10, 2025

Case Laws Indian Laws HC

Accused's conviction u/s 138 of Negotiable Instruments Act upheld. Once execution of cheque admitted, presumptions u/ss 118 and 139 raised against accused. Accused failed to rebut presumptions or establish probable defence showing no debt/liability existed on preponderance of probabilities. HC found no infirmity in trial court's findings upholding conviction. Petition dismissed.

View Source

← Previous Next →

Accused's conviction u/s 138 of Negotiable Instruments Act ...

High Court Upholds Conviction u/s 138 of Negotiable Instruments Act; Accused Fails to Rebut Presumptions.

January 10, 2025

Case Laws Indian Laws HC

You may also like:

Dishonour of cheque constituted legally recoverable debt. Petitioner convicted u/s 138 Negotiable Instruments Act. Complainant's witness, though SPA holder, competent to...

Rebuttal of presumption - Complaint u/s 138 of the Negotiable Instruments Act - Cheque Bounce due to payment stopped by drawer - discharge of liability - The defence...

Offence under Section 138 of Negotiable Instrument Act - if the accused is able to raise a probable defence, which creates a doubt about the existence of liability or...

In a case concerning dishonor of cheques u/s 138 of the Negotiable Instruments Act, the Court upheld the conviction and sentence. The accused admitted issuing cheques...

The case involved a dispute regarding the dishonour of cheques, with the key issue being whether the Respondent had a legal obligation to pay back the money under the...

The High Court confirmed the conviction of the revisionist u/s 138 of the Negotiable Instruments Act. The court held that the presumptions u/ss 118 and 139 are...

The High Court considered a case involving dishonour of cheque due to insufficiency of funds, determining if a legally enforceable debt existed. The accused was...

Dishonor of Cheque - Though the defendant has taken a stand that the cheque is issued as a security towards the transaction between the plaintiff and the defendant,...

Pertaining to a challenge against conviction and sentence u/s 138 of the Negotiable Instruments Act, the court observed that the petitioner's defense of repaying the...

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...

Dishonour of Cheque - conviction of accused - The High Court upheld the conviction under Section 138 of the Negotiable Instruments Act based on the evidence presented,...

Dishonour of cheque - rebuttable presumption - appellant sufficiently rebutted the initial presumption as regards the issuance of the cheque under Sections 138 and 139 - SC

Dishonor of cheque due to stop-payment - Once the accused rebutted the presumption under Section 138 of Negotiable Instruments Act, the complainant is liable to prove...

The Kerala High Court dealt with a case involving dishonor of cheques u/s 138 of the Negotiable Instruments Act. The court considered joint trial of cases, material...

Dishonor of Cheque - It is clear that the accused need not enter the witness box to rebut the presumption. However, such presumption of law cannot be considered as...

Quick Updates: