Extended period of limitation unsustainable; allowable deductions for prompt payment discounts, pro rata recovery, freight and VAT led to demand being...
In prosecution for cheque dishonour, the dominant issue was whether the cheques were issued towards a legally enforceable debt on the date of issuance/presentation. The court held that the accused probabilised a defence that the cheques were blank security instruments taken from guarantors in a third-party loan transaction, supported by defence testimony, prior police complaint alleging threats/misuse, absence of any reflected loan transaction in tax records, and improbability of voluntary re-presentation amid strained relations, while the complainant, an unregistered financier, failed to adduce independent rebuttal evidence or even specify the date of issuance. Consequently, conviction was set aside, accused were acquitted, and deposits were directed to be refunded. - HC
In prosecution for cheque dishonour, the dominant issue was whether the cheques were issued towards a legally enforceable debt on the date of issuance/presentation. The court held that the accused probabilised a defence that the cheques were blank security instruments taken from guarantors in a third-party loan transaction, supported by defence testimony, prior police complaint alleging threats/misuse, absence of any reflected loan transaction in tax records, and improbability of voluntary re-presentation amid strained relations, while the complainant, an unregistered financier, failed to adduce independent rebuttal evidence or even specify the date of issuance. Consequently, conviction was set aside, accused were acquitted, and deposits were directed to be refunded. - HC
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