HC dismisses appeal in cheque dishonour case, affirming lower ...

Legal Challenge Fails: Cheque Dishonour Case Collapses Due to Insufficient Evidence Under Section 138 NI Act

April 23, 2025

Case Laws Indian Laws HC

HC dismisses appeal in cheque dishonour case, affirming lower court's acquittal. Complainant failed to establish legally enforceable debt under Section 138 of Negotiable Instruments Act. Despite allegations of business contribution and third-party payments, no cogent documentary evidence was produced to substantiate claims. Accused effectively rebutted presumption of debt through substantial counter-evidence. The court found Complainant's assertions unsubstantiated and lacking credibility, particularly regarding guarantee or surety claims. Consequently, the appeal was dismissed, upholding the original acquittal and placing onus of proof squarely on Complainant.

View Source

← Previous Next →

HC dismisses appeal in cheque dishonour case, affirming lower ...

Legal Challenge Fails: Cheque Dishonour Case Collapses Due to Insufficient Evidence Under Section 138 NI Act

April 23, 2025

Case Laws Indian Laws HC

You may also like:

Dishonour of Cheque - discharge of legal liability or cheque issued towards the security - it was duly proved that the cheque was issued in discharge of the legal...

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.,...

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...

This is a summary of a legal case related to the dishonor of a cheque. The court held that the accused failed to rebut the presumption of consideration for the cheque by...

Dishonor of Cheque - validity of legal notice - the exact amount, which the appellant claimed for towards the dishonoured cheques was not mentioned in the legal notice,...

The High Court addressed the challenge to the acquittal of the accused u/s 255(1) of Cr. P. C. for dishonoring a cheque due to insufficient funds. It clarified that the...

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 - liability created in favour of the Complainant by the Accused or not - MoU between the manufacturer and the retailer - The retailer issued multiple...

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 - insufficiency of funds - It cannot be stated that the respondent has failed to prove that the cheque in question was not dishonoured for...

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...

Dishonor of Cheque - legally enforceable debt or not - rebuttal of presumption - both the Trial Court and the Sessions Judge's Court without analyzing the evidence...

Dishonour of Cheque - insufficient of funds - the presumption u/s 139 - the accused admitted the issuance of cheque, signature of cheque and thereby, he has to disprove...

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

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

Quick Updates: