Dishonor of Cheque - presumption of innocence - On bare perusal ...

Court Upholds Presumption of Innocence in Cheque Dishonor Case; Absence of Seal on Documents Ruled Irrelevant.

March 23, 2022

Case Laws Indian Laws HC

Dishonor of Cheque - presumption of innocence - On bare perusal of provisions of Sections 91 and 311 of CrPC, it apparent that non-affixing of seal over the documents is not material as in the light of provisions made under the Bankers Book Evidence Act, no Bank Officer shall be compelled to produce documents and it shall be presumed that the documents were issued by the authority of the Bank concerned and it can be proved before the Court very well. It is also relevant to mention here that the matter is regarding Section 138 of the NI Act and the objection raised by the petitioner in the present matter is irrelevant. - HC

View Source

← Previous Next →

Dishonor of Cheque - presumption of innocence - On bare perusal ...

Court Upholds Presumption of Innocence in Cheque Dishonor Case; Absence of Seal on Documents Ruled Irrelevant.

March 23, 2022

Case Laws Indian Laws HC

You may also like:

Dishonor of cheque - presumption that cheque was issued in discharge of legal liability, burden on accused to prove contrary. Supreme Court observations: While deciding...

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 of debt - when the complainant himself comes up with a document to establish the existing debt or liability, the question of raising...

Dishonor of Cheque - legally enforceable debt or not - rebuttal of presumption - both the Trial Court and the Sessions Judge's Court without analyzing the evidence...

This is a summary of a legal case related to the dishonor of a cheque. The court held that the accused failed to rebut the presumption of consideration for the cheque by...

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...

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 - insufficient funds - presumption - standard of preponderance of probabilities - reasons to believe. Earlier, dishonour of cheque was dealt through...

Dishonour of Cheque - The High Court observed that, the presumption under Section 139 of the N.I. Act is a presumption of law, as distinguished from the presumption of...

The case involved a dispute regarding the dishonour of cheques, with the key issue being whether the Respondent had a legal obligation to pay back the money under the...

Dishonor of Cheque - insufficiency of funds - misuse of blank signed cheques by power agent - In the absence of the Principal appearing before this Court to substantiate...

The High Court examined the validity of the summoning order and framing of notice u/s 138 of the Negotiable Instruments Act, 1881, in a dishonor of cheque case. It...

Dishonor of cheque case - accused acquitted - rebuttal of presumption u/ss 118 and 139 of NI Act. Appellate Court has wide powers to re-appreciate evidence in appeal...

The High Court considered whether dishonored cheques were given for a legally enforceable debt. The appellant failed to prove the existence of a default by the...

Dishonor of Cheque - In that very fact situation, even the appellate Court normally should not refuse the bail. The Court is conscious that bail is a rule and jail is an...

Quick Updates: