Dishonor of Cheque - Unless the contrary is proved, it is ...

Court Upholds Presumption of Debt in Cheque Dishonor u/s 138; Accused Fails to Rebut Evidence.

November 18, 2020

Case Laws     Indian Laws     HC

Dishonor of Cheque - Unless the contrary is proved, it is presumed that the holder of a cheque received the cheque of the nature referred to in Section 138 of the Act for the discharge, in whole or in part, of any debt or other liability. In the case at hand, the accused has no case that he has not signed the cheque or parted with under any threat or coercion. That apart, the accused has no case that unfilled cheque had been lost irrecoverably or stolen. The accused failed to prove in the trial by leading cogent evidence that there was no debt or liability. - HC

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