Dishonor of Cheque - Accused took a specific defence that the ...

Accused Fails to Prove Coercion in Cheque Case; Presumption u/s 139 of Negotiable Instruments Act Upheld.

July 21, 2021

Case Laws Indian Laws HC

Dishonor of Cheque - Accused took a specific defence that the cheque in question was obtained by the complainant by exercising force and that the same was a blank cheque. The complainant misused the blank cheque and filed a false complaint. Even though a specific defence is taken by the accused, he has not probabilised the same. When the accused admits issuance of the cheque in favour of the complainant, the presumption under Section 139 of N.I. Act arises and unless the accused rebuts the presumption, he is liable for conviction.- HC

View Source

← Previous Next →

Dishonor of Cheque - Accused took a specific defence that the ...

Accused Fails to Prove Coercion in Cheque Case; Presumption u/s 139 of Negotiable Instruments Act Upheld.

July 21, 2021

Case Laws Indian Laws HC

You may also like:

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

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...

Dishonour of Cheque - acquittal of the accused - rebuttal of the presumption - the Learned Trial Court, by considering the legal presumption available under Section 139...

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...

In this case, the High Court addressed the issue of dishonour of a cheque u/s 138 of the N.I. Act. The accused issued a cheque in discharge of a debt but failed to pay...

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...

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 - petitioner-accused failed to deposit the amount despite existence of legally enforceable debt/liability. No evidence led to rebut presumption...

Acquittal of the accused in a cheque dishonor case. The court observed that once the accused raises a probable defense by leading evidence to show no debt/liability...

Dishonor of Cheque - existence of legally enforceable debt or not - acquittal of the accused - presumption of innocence - the presumption under Section 139 of the NI Act...

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...

Dishonour of Cheque - insufficient of funds - the presumption u/s 139 - the accused admitted the issuance of cheque, signature of cheque and thereby, he has to disprove...

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...

Accused's conviction u/s 138 of Negotiable Instruments Act upheld. Once execution of cheque admitted, presumptions u/ss 118 and 139 raised against accused. Accused...

Quick Updates: