Dishonour of cheque - insufficient funds - presumption - ...

Dishonoured cheque due to insufficient funds invokes presumption, rebuttable by preponderance of probabilities. NI Act amendment to curb harassment.

Case Laws Indian Laws

August 9, 2024

Dishonour of cheque - insufficient funds - presumption - standard of preponderance of probabilities - reasons to believe. Earlier, dishonour of cheque was dealt through IPC provisions. Amendment to NI Act introduced Chapter VIII to enhance acceptability of cheques and prevent harassment. Proceedings u/s 138 can be initiated even if cheque issued as security and subsequently dishonoured. Three conditions: cheque presented within validity, demand made, drawer failed to pay within 15 days. Limitation of 30 days to initiate proceedings. Presumption survives subject to contrary not proved regarding consideration or discharge of debt. Signature on blank cheque sufficient to trigger presumption u/s 139. Appellant established respondent's signature, presumption to arise. Respondent shifted weight through preponderance of probabilities. No perversity or lack of evidence against respondent. Concurrent findings backed by evidence appraisal. Appeal dismissed.

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Dishonour of cheque - insufficient funds - presumption - ...

Dishonoured cheque due to insufficient funds invokes presumption, rebuttable by preponderance of probabilities. NI Act amendment to curb harassment.

Case Laws Indian Laws

August 9, 2024

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