Dishonor of Cheque - presumption of debt - when the complainant ...

Court Must Seek Expert Opinion for Fair Resolution in Cheque Dishonor Cases u/s 139 if Debt Document Disputed.

October 1, 2022

Case Laws Indian Laws HC

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 presumption under Section 139 does not arise because in such a case the complainant does not depend upon the statutory presumption - When said document is disputed by the accused and the accused admitted his signature on some other documents produced by the complainant during his cross examination, court is required to obtain expert opinion comparing the said two documents for just decision of the case- HC

View Source

← Previous Next →

Dishonor of Cheque - presumption of debt - when the complainant ...

Court Must Seek Expert Opinion for Fair Resolution in Cheque Dishonor Cases u/s 139 if Debt Document Disputed.

October 1, 2022

Case Laws Indian Laws HC

You may also like:

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...

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 - insufficiency of funds - The Court below has materially erred in not properly appreciating and considering the presumption in favour of...

Dishonor of Cheque - legally enforceable debt or not - the accused discharged his burden under Sections 118 and 139 of the N.I.Act to prove that the cheque had not been...

Dishonour of Cheque - The Supreme Court judgment in this case revolves around the dishonour of cheques allegedly issued by the respondent to the petitioner. The...

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 - opinion of the hand-writing expert - The fact that the details in the cheque have been filled up not by the drawer, but by some other person would...

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...

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

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...

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...

Dishonour of Cheque - whether the amount due and payable on the part of petitioners towards the complainants, even as per the case of complainants, was less than the...

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...

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...

Quick Updates: