Dishonour of Cheque - insufficient funds - discharge of legal ...

Case Laws     Indian Laws

May 4, 2024

Dishonour of Cheque - insufficient funds - discharge of legal liability - A scenarios involving financial transactions with potentially fraudulent undertones - The High court noted that this presumption is rebuttable and that the defense had successfully cast doubt on the existence of the alleged debt. - Significant to this case was the finding on the financial capacity of the petitioner. Evidence and circumstances suggested that the petitioner’s financial status was inconsistent with the ability to lend the amounts claimed. - The High Court upheld the appellate court’s decision to acquit the accused, emphasizing the lack of concrete evidence on the petitioner's ability to lend such an amount and the improbability of the debt’s existence.

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