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Dishonor of Cheque - existence of legally enforceable debt or ...


Cheques: Legal Presumption of Debt Exists but Can Be Challenged u/ss 118(a) and 139 of the Negotiable Instruments Act.

January 21, 2020

Case Laws     Indian Laws     HC

Dishonor of Cheque - existence of legally enforceable debt or not - It is a settled principle of law that the presumptions U/s 118 (a) and 139 of N.I. Act, 1881 are rebuttable in nature and standard of proof required by accused such rebuttal is preponderance of probabilities and the standard of proof on behalf of prosecution is proof of guilt beyond all reasonable doubts.

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