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


Court Acquits Accused in Cheque Dishonor Case; No Proof of Legally Enforceable Debt u/s 139 of NI Act.

June 29, 2022

Case Laws     Indian Laws     HC

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 merely raises a presumption in favour of a holder of the cheque that the same has been issued for discharge of any debt or other liability and existence of legally recoverable debt is not matter of presumption under the said section. Nonetheless, as said earlier, the complainant has failed to prove that the cheque was drawn towards legally enforceable debt. - HC

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