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 January 2025 Year 2025 This

Accused's conviction u/s 138 of Negotiable Instruments Act ...


High Court Upholds Conviction u/s 138 of Negotiable Instruments Act; Accused Fails to Rebut Presumptions.

January 10, 2025

Case Laws     Indian Laws     HC

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 failed to rebut presumptions or establish probable defence showing no debt/liability existed on preponderance of probabilities. HC found no infirmity in trial court's findings upholding conviction. Petition dismissed.

View Source

 


 

You may also like:

  1. Rebuttal of presumption - Complaint u/s 138 of the Negotiable Instruments Act - Cheque Bounce due to payment stopped by drawer - discharge of liability - The defence...

  2. HC allowed the appeal, reversing the acquittal of Respondent No. 2 under Section 138 of Negotiable Instruments Act. The court held that the accused failed to rebut...

  3. Dishonour of cheque constituted legally recoverable debt. Petitioner convicted u/s 138 Negotiable Instruments Act. Complainant's witness, though SPA holder, competent to...

  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. The High Court confirmed the conviction of the revisionist u/s 138 of the Negotiable Instruments Act. The court held that the presumptions u/ss 118 and 139 are...

  6. Offence under Section 138 of Negotiable Instrument Act - if the accused is able to raise a probable defence, which creates a doubt about the existence of liability or...

  7. 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...

  8. 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...

  9. Pertaining to a challenge against conviction and sentence u/s 138 of the Negotiable Instruments Act, the court observed that the petitioner's defense of repaying the...

  10. Dishonour of cheque - rebuttable presumption - appellant sufficiently rebutted the initial presumption as regards the issuance of the cheque under Sections 138 and 139 - SC

  11. Dishonor of Cheque - Though the defendant has taken a stand that the cheque is issued as a security towards the transaction between the plaintiff and the defendant,...

  12. 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...

  13. Dishonour of Cheque - conviction of accused - The High Court upheld the conviction under Section 138 of the Negotiable Instruments Act based on the evidence presented,...

  14. HC held that under Sections 118 and 139 of the Negotiable Instruments Act, rebuttable presumptions favor the complainant when cheque execution is admitted or proven. The...

  15. 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...

 

Quick Updates:Latest Updates