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Indian Laws - Highlights / Catch Notes

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Dishonor of Cheque - The Trial Court ought to have drawn the ...


Court Error in Cheque Dishonor Case: Failed to Presume Against Accused u/s 139 of Negotiable Instruments Act.

January 1, 2021

Case Laws     Indian Laws     HC

Dishonor of Cheque - The Trial Court ought to have drawn the presumption against the accused under Section 139 of the NI Act. When the accused though denied the signature when he has not sent the same to the handwriting expert and also not given any reply to the notice and instead of drawing the presumption in favour of the complainant, the trial judge believed the evidence of the accused and committed an error which amounts to perversity and also not considering the material available on record. - HC

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