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


Cheque Dishonor Case: Accused Found Guilty u/s 138 for Unrebutted Debt Presumption Supported by Evidence.

January 4, 2022

Case Laws     Indian Laws     HC

Dishonor of Cheque - existence of the legally enforceable debt or not - In the light of the presumption under Section 139 which stands unrebutted and also the supporting materials in the form of Exts.P8 and P9 series, it is found that the cheque was issued in discharge of a legal liability towards the appellant herein - legal requirements for attracting the offence under Section 138 of the Negotiable Instruments Act regarding the issuance of notice and timeline to be followed before initiating the proceedings are seen duly complied with. - The accused is found guilty u/s 138 - HC

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