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

The High Court dealt with a case involving the dishonour of a ...


Accused acquitted in cheque dishonour case as signature not denied. Trial judge's decision upheld, appellate judge's ruling set aside.

Case Laws     Indian Laws

June 24, 2024

The High Court dealt with a case involving the dishonour of a cheque. The accused did not deny her signature on the cheque, triggering the presumption u/ss 118 and 139 of the Negotiable Instruments Act. The trial court convicted the accused u/s 138. The complainant's financial capacity was questioned, but the appellate court did not properly analyze this aspect. Consequently, the High Court set aside the appellate court's decision, reinstated the trial court's judgment, and confirmed the conviction and sentence against the accused. The appeal was allowed.

View Source

 


 

You may also like:

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

  2. Dishonor of Cheque - acquittal of accused - prepoderance of probablities - cheque in question is dated 20.04.1999, whereas, the letter asking to repay the amount is of...

  3. 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...

  4. Dishonor of Cheque - The Trial Court ought to have drawn the presumption against the accused under Section 139 of the NI Act. When the accused though denied the...

  5. Dishonour of Cheque - Respondent/ Accused was acquitted - The delivery challans are produced by the Complainant, which were disbelieved by the Trial Court on the precise...

  6. Dishonor of Cheque - acquittal of the accused - rebuttal of presumption - Even though the accused is required to probabalise his defence to rebut the presumptions, he...

  7. Dishonor of Cheque - funds insufficient - difference in drawer’s signature - Apex Court has held that, criminal prosecution against the accused in such cases should be...

  8. Dishonor of Cheque - acquittal of the accused - When the contract agreement was cancelled, question of enforcing the agreement does not arise. - The Trial judge has...

  9. Dishonor of Cheque - dishonor because of mismatch of the drawer’s signature - adding colour of criminality to an issue which involves partial non-performance of business...

  10. Dishonor of cheque case where accused was acquitted. Cheque given as collateral security, not towards debt. Drawee passed away before cheque clearance. Complainant posed...

  11. Dishonor of cheque - mismatch of signatures or incomplete signatures - The Supreme Court in a case has came to the conclusion that criminal prosecution against the...

  12. Dishonor of Cheque - mismatch of signatures - This is a case where the 2nd respondent/accused has not denied the fact that he had entered into a hire purchase agreement...

  13. Dishonour of cheque - Respondent (accused) denied issuing the cheques and claimed they were taken from his office by the complainant. - The Trial Court found the ledger...

  14. Dishonour of Cheque - acquittal of accused - The trial court's failure to record the accused's statement under Section 342 of J&K Cr.P.C. did not render the trial...

  15. Dishonor of Cheque - legally recoverable debt or not - The Trial Judge ought not to have come to the conclusion that the source has not been proved and non- examination...

 

Quick Updates:Latest Updates