The offence u/s 138 of the NI Act though technical, is punitive ...

Section 138 of the Negotiable Instruments Act: Accused Can Rebut Presumption; Complainant Must Prove Debt Beyond Reasonable Doubt.

April 10, 2017

Case Laws Indian Laws HC

The offence u/s 138 of the NI Act though technical, is punitive in nature. Hence, once the accused had rebutted the initial presumption it was imperative upon the complainant to prove beyond reasonable doubt that the cheques were issued towards the existing debt or liability - HC

View Source

← Previous Next →

The offence u/s 138 of the NI Act though technical, is punitive ...

Section 138 of the Negotiable Instruments Act: Accused Can Rebut Presumption; Complainant Must Prove Debt Beyond Reasonable Doubt.

April 10, 2017

Case Laws Indian Laws HC

You may also like:

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...

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...

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

Dishonor of Cheque - The presumption under Section 139 is a rebuttable presumption and the onus is on the accused to raise the probable defence. The standard of proof...

HC dismissed appeals concerning dishonored cheques under Section 138 of NI Act. Trial court's acquittal was upheld as complainant failed to establish foundational facts...

Dishonor of Cheque - standard of proof for rebuttal presumption - The accused has discharged the burden under Section 118(a) and 139 of the Negotiable Instrument Act...

Dishonor of Cheque - insufficiency of funds - the presumption u/s 139 comes into play - The accused could not rebut the presumption under Section 139 of the Act. It...

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...

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...

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...

The Calcutta High Court ruled on a case involving dishonour of a cheque due to insufficient funds. The accused was acquitted as the complainant failed to prove money...

The accused successfully rebutted the mandatory presumption u/s 139 of the Negotiable Instruments Act by raising a probable defence and bringing in suspicious...

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...

Dishonor of cheque - presumption that cheque was issued in discharge of legal liability, burden on accused to prove contrary. Supreme Court observations: While deciding...

Dishonour of cheque case instituted within 30 days from legal notice date satisfies condition precedent for cognizance u/s 138 and 142(b) of NI Act. Complaint within...

Quick Updates: