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Indian Laws - Highlights / Catch Notes

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Defendant's dishonored cheque for Rs.3,00,000/- led to legal ...


Dishonored Cheque Case: Defendant's Inconsistent Claims Fail as Section 118 NI Act Presumptions Remain Unrebutted

March 5, 2025

Case Laws     Indian Laws     HC

Defendant's dishonored cheque for Rs.3,00,000/- led to legal proceedings where HC upheld trial court's verdict favoring plaintiff. Court found plaintiff's substantive evidence regarding transaction and cheque issuance credible through PW1's testimony. Defendant's inconsistent claims - initially alleging misuse of blank signed papers, later denying signature - lacked evidentiary support. HC affirmed presumptions under Section 118 of NI Act favoring plaintiff remained unrebutted. Defendant's remand plea rejected as court held remand cannot be granted merely to fill evidential gaps. Appeal dismissed with costs awarded to plaintiff/respondent, confirming trial court's decree.

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