Dishonour of Cheque - non-application of mind - The High Court ...

Cheque Dishonor Case: Court Upholds Accused's Right to Defense, Critiques Magistrate's Dismissal for Vagueness.

February 29, 2024

Case Laws Indian Laws HC

Dishonour of Cheque - non-application of mind - The High Court highlighted the presumption in favor of the complainant under Section 139 of the N.I. Act and affirmed the accused's right to contest the matter by presenting a plausible defense - It concluded that the magistrate erred in rejecting the application solely on the grounds of vagueness, as the disclosed defenses were sufficient to warrant cross-examination. The Court emphasized the magistrate's duty to ascertain whether the defense presented by the accused is probable and not merely a "moonshine defense."

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Dishonour of Cheque - non-application of mind - The High Court ...

Cheque Dishonor Case: Court Upholds Accused's Right to Defense, Critiques Magistrate's Dismissal for Vagueness.

February 29, 2024

Case Laws Indian Laws HC

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