Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Indian Laws - Highlights / Catch Notes

Home Highlights October 2022 Year 2022 This

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

Case Laws     Indian Laws

October 1, 2022

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

 


 

You may also like:

  1. 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...

  2. Dishonor of Cheque - acquittal of the accused - rebuttal of presumption - legally enforceable debt or not - The complainant has failed to establish his financial...

  3. Dishonour of Cheque - acquittal of accused - rebuttal of presumption - The High court found that the evidence presented by the complainant was sufficient to establish...

  4. Dishonor of Cheque - presumption of liability against the respondent-accused - Rebuttal of presumption or not - acquittal of the accused - Once suspicion is created by...

  5. 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...

  6. Dishonor of Cheque - rebuttal of presumption - The documents produced by the petitioner in his evidence before the trial establishes that he has a business transaction...

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

  8. Dishonor of Cheque - cheque on presentation was dishonoured for want of sufficient funds - acquittal of the accused - Once signature, execution and handing over of the...

  9. Dishonour of cheque constituted legally recoverable debt. Petitioner convicted u/s 138 Negotiable Instruments Act. Complainant's witness, though SPA holder, competent to...

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

  11. Dishonor of Cheque - legally enforceable debt or not - The law is clear on the point that when the complainant discharged the initial burden to prove the transaction led...

  12. 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...

  13. Dishonor of Cheque - legally enforceable - cheque received through third party - The appellant being the complainant had failed to establish by cogent evidence that the...

  14. Dishonor of Cheque - Even if the difference in writing is established, the accused will still have to rebut the presumption under the Act, that the cheque is a valid...

  15. Dishonor of Cheque - burden of proof on complainant to establish his case - rebuttal of presumption - In the present case non filing or production of books of accounts...

 

Quick Updates:Latest Updates