Kerala High Court reiterates that “a statutory presumption cannot be displaced by mere suggestions” — Court upholds acquittal in cheque dishonour under section 138 of NI act, after finding that complainant failed to prove legally enforceable debt

Kerala High Court reiterates that “a statutory presumption cannot be displaced by mere suggestions” — Court upholds acquittal in cheque dishonour under section 138 of NI act, after finding that complainant failed to prove legally enforceable debt

Court's decision The Kerala High Court, in a judgment delivered by Justice Bechu Kurian Thomas, dismissed the appeal filed by the complainant challenging the acquittal of the accused in a…
Madras High Court declares that “the Court will not assist parties who voluntarily flout the law” — Appeal dismissed as cheque issued for unlawful job-purchase agreement is not a legally enforceable debt under Section 138 NI Act

Madras High Court declares that “the Court will not assist parties who voluntarily flout the law” — Appeal dismissed as cheque issued for unlawful job-purchase agreement is not a legally enforceable debt under Section 138 NI Act

Court’s decision The Madras High Court dismissed the appeal filed by the Petitioner challenging the acquittal of the Respondent in proceedings under Section 138 of the Negotiable Instruments Act. After…
conviction cheque dishonour case

Himachal Pradesh High Court Upholds Conviction in Cheque Bounce Case Under Negotiable Instruments Act, Holding Admission of Signature Triggers Presumption of Debt and Mere Denial or Defence Evidence Without Proof Is Insufficient to Rebut Presumption

Court’s Decision The Himachal Pradesh High Court dismissed the criminal revision petition and upheld the conviction and three-month simple imprisonment with compensation under Section 138 of the Negotiable Instruments Act…