Dishonor of Cheque - Jurisdiction - Once the 2nd Appellant had ...

Court Erred: Complainant Unfairly Tasked to Prove Liability Despite Admission of Cheque and Deed Signing.

February 12, 2021

Case Laws     Indian Laws     SC

Dishonor of Cheque - Jurisdiction - Once the 2nd Appellant had admitted his signatures on the cheque and the Deed, the trial Court ought to have presumed that the cheque was issued as consideration for a legally enforceable debt. The trial Court fell in error when it called upon the Complainant Respondent to explain the circumstances under which the appellants were liable to pay. Such approach of the trial Court was directly in the teeth of the established legal position as discussed above, and amounts to a patent error of law. - SC

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