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Indian Laws - Highlights / Catch Notes

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Dishonour of Cheque - legally enforceable debt or liability - ...


Cheque Dishonor Charge Dismissed: Courts Find No Proof of Legal Debt, Uphold Trial Court's Decision Dismissing Complaint.

March 5, 2024

Case Laws     Indian Laws     HC

Dishonour of Cheque - legally enforceable debt or liability - The accused denies the allegations and contends that there was no loan transaction with the complainant. The accused also questions the service of the demand notice and raises issues regarding the credibility of the complainant's evidence. - The Trial Court found that the complainant failed to establish that the accused issued the cheque for lawful discharge of debt. Therefore, the Trial Court dismissed the complaint. - IT was found that the possibility of complainant coming in possession of the cheque of accused with respect to any earlier transaction cannot be totally ruled out. - The appeal is dismissed by the High Court, affirming the decision of the Trial Court.

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