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Indian Laws - Highlights / Catch Notes

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HC held that under Sections 118 and 139 of the Negotiable ...


Cheque Dishonor Case: Statutory Presumptions Upheld, Accused Fails to Rebut Evidence Under Sections 118 and 139

April 14, 2025

Case Laws     Indian Laws     HC

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 accused failed to effectively rebut statutory presumptions regarding legally enforceable debt. Revisional jurisdiction permits interference only where lower court orders demonstrate illegality or impropriety. The court found sufficient evidence supporting the complainant's claim, thus partially allowing the revision petition by modifying the sentence while maintaining conviction and compensation order.

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