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 June 2024 Year 2024 This

In this case, the High Court addressed the issue of dishonour of ...


Court upholds presumption u/s 118 & 139 of N.I. Act in dishonored cheque case. Accused failed to rebut statutory presumption. Revision dismissed.

June 20, 2024

Case Laws     Indian Laws     HC

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 amount within 15 days of receiving a demand notice. The court applied the presumption u/s 118 and 139 of the N.I. Act, which states that every negotiable instrument is presumed to be made for consideration and that the holder received the cheque for the discharge of debt. The accused did not dispute the cheque or his signature, failing to rebut the statutory presumption. The court found no merit in the revision petition and dismissed it. The accused's failure to provide evidence led to disbelief in his claims.

View Source

 


 

You may also like:

  1. 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...

  2. The High Court considered a case involving dishonour of cheque due to insufficiency of funds, determining if a legally enforceable debt existed. The accused was...

  3. This is a summary of a legal case related to the dishonor of a cheque. The court held that the accused failed to rebut the presumption of consideration for the cheque by...

  4. 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...

  5. Accused's conviction u/s 138 of Negotiable Instruments Act upheld. Once execution of cheque admitted, presumptions u/ss 118 and 139 raised against accused. Accused...

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

  7. Presumption u/ss 118(a) and 139 of the Negotiable Instruments Act was not properly applied by the Trial Court. When presumption u/s 139 is raised, the onus shifts to the...

  8. Dishonor of cheque - presumption that cheque was issued in discharge of legal liability, burden on accused to prove contrary. Supreme Court observations: While deciding...

  9. The High Court acquitted the accused u/s 255(1) Cr.P.C due to failure to prove the cheque was issued to discharge a debt. The complainant's evidence was unreliable, and...

  10. HC dismissed appeals concerning dishonored cheques under Section 138 of NI Act. Trial court's acquittal was upheld as complainant failed to establish foundational facts...

  11. Dishonor of Cheque - acquittal of accused - Privity of Contract - The complainant has not made out a case and the presumption was rebutted by the accused in effectively...

  12. The HC held that in the demand notice, if the cheque amount and other claimed amounts are mentioned separately, it is a valid notice u/s 138(b) of the NI Act....

  13. 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...

  14. Dishonour of Cheque - legally enforceable debt or not - The only defence, which has been taken by the petitioner-convict during trial was that the cheques were issued in...

  15. Dishonour of Cheque - acquittal of accused - legally enforceable debt or not - an accused person is presumed to be innocent unless proved guilty and an order of...

 

Quick Updates:Latest Updates