Category: dishonor of cheque

Dishonour of Cheque-20% Deposit

Dharam Pal JindalLeave a Comment on Dishonour of Cheque-20% Deposit

Dishonour of Cheque–Sections 138, 148 N.I Act–Appeal against conviction–Suspension of Sentence–Deposit of minimum 20% of compensation amount awarded by trial Court is not an absolute rule–In exceptional cases, suspension of sentence can be granted without imposing condition of deposit of 20% of fine/compensation amount. — Section 389 CrPC–Normally while accused applies for suspension of senRead More…

Security Cheque is not believable in absence of further evidence in Cheque Dishonor Case

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The Supreme Court has observed that defence of the accused that the cheques were given by way of security is not believable in absence of further evidence to rebut the presumption. The bench of Justices Ashok Bhushan and MR Shah reiterated that, once the issuance of the cheque has been admitted and even the signature on the cheque has been admitted, there is always a presumption in favour of tRead More…

Rebuttal of presumption available under Section 139 of NIA

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The Supreme Court has observed that the rebuttal of presumption available under Section 139 of Negotiable Instruments Act can only be done after adducing evidence. The bench of Justice Ashok Bhushan and Justice KM Joseph agreed with the High Court view that rebuttal of presumption cannot be looked into at the stage of the Court taking cognizance of the offence. On behalf of the acRead More…