Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

The case involved a dispute regarding the dishonour of cheques, with the key issue being whether the...

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 cheques. The Appellate Court considered the scope of interference in a judgment acquitting the accused and the statutory presumptions u/ss 138 and 139 of the NI Act. The Respondent admitted executing promissory notes and cheques which were later dishonoured. The Court noted that the presumption u/s 139 could be rebutted by the accused with a defense based on a preponderance of probabilities. The Respondent successfully rebutted the presumption by raising doubts about the Petitioner's claims, shifting the burden of proof. The Petitioner failed to discharge this burden, leading to the Respondent's acquittal u/s 138 of the NI Act. The petition seeking leave to appeal was dismissed by the High Court. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates