HC dismissed the appeal in a cheque dishonour case, finding ...

Cheque Dishonour Case: Insufficient Evidence Leads to Appeal Dismissal Under Section 139 of Negotiable Instruments Act

April 8, 2025

Case Laws Indian Laws HC

HC dismissed the appeal in a cheque dishonour case, finding insufficient evidence of a legally enforceable debt. The court noted the complainant failed to prove the outstanding amount beyond reasonable doubt. Despite presumptions under Negotiable Instruments Act Section 139, the accused successfully rebutted the claim by demonstrating lack of clear documentation regarding the exact loan liability. The court accepted the trial court's findings that the complainant could not establish a valid, recoverable debt, thereby maintaining the original acquittal and rejecting the appeal.

View Source

← Previous Next →

HC dismissed the appeal in a cheque dishonour case, finding ...

Cheque Dishonour Case: Insufficient Evidence Leads to Appeal Dismissal Under Section 139 of Negotiable Instruments Act

April 8, 2025

Case Laws Indian Laws HC

You may also like:

Dishonour of Cheque - Seeking setting aside of summoning order - vicarious liability on partner of a firm - The name of the petitioner is conspicuously not mentioned as...

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...

Dishonor of Cheque - acquittal of the accused - Without discussing the evidence of complainant or accused in a proper perspective simply stating there are latches in the...

Dishonor of cheque creates legally enforceable liability with a rebuttable presumption, requiring the respondent to introduce evidence to rebut it. The respondent failed...

Dishonour of cheque - no order for conversion into summons triable matter - application of Section 145(2) of Negotiable Instruments Act, 1881 - violation of natural...

Dishonor of Cheque - Insufficient Funds - case of appellant is that the alleged cheques were never issued by the petitioner for any legally enforcible debt - The offence...

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,...

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...

Dishonour of cheque - insufficient funds - presumption - standard of preponderance of probabilities - reasons to believe. Earlier, dishonour of cheque was dealt through...

Dishonor of Cheque - The accused account is at Vijaya Bank and the accused Bank has given endorsement of memo directly to the Manager of the complainant's Bank i.e.,...

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

Dishonour of Cheque - vicarious liability of director - The petitioners argued that they had resigned from their directorship well before the cheque was issued and could...

Dishonor of cheque due to insufficient funds - failure to rebut presumption u/s 139 of Negotiable Instruments Act. Court must presume cheque issued in discharge of legal...

Dishonor of cheque due to account freeze falls within the purview of Section 138 of the Negotiable Instruments Act. The test is whether the account had insufficient...

Dishonour of Cheque - insufficient funds - The complainant by leading cogent evidence that the accused had issued a cheque against a liability to the complainant, which...

Quick Updates: