Cheque dishonour led to conviction under NI Act. Witness competent despite SPA. Presumption favoured complainant upon admitted signatures.

Cheque dishonour led to conviction under NI Act. Witness competent despite SPA. Presumption favoured complainant upon admitted signatures. https://www.taxtmi.com/highlights?id=81873 Dishonour of cheque constituted legally recoverable debt. Petitioner convicted u/s 138 Negotiable Instruments Act. Complainant's witness, though SPA holder, competent to depose on known facts. Presumption u/s 139 NI Act favoured complainant upon admission of signatures. Onus on petitioner to rebut presumption by proving cheque not issued for legally recoverable debt, which petitioner failed. Petitioner rightly convicted and sentenced by ASJ. HC dismissed revision petition, finding no infirmity in ASJ's judgment. en-us Thu, 03 Oct 2024 07:50:18 +0530 Thu, 03 Oct 2024 07:50:18 +0530 TaxTMI RSS Generator Cheque dishonour led to conviction under NI Act. Witness competent despite SPA. Presumption favoured complainant upon admitted signatures. https://www.taxtmi.com/highlights?id=81873 Dishonour of cheque constituted legally recoverable debt. Petitioner convicted u/s 138 Negotiable Instruments Act. Complainant's witness, though SPA holder, competent to depose on known facts. Presumption u/s 139 NI Act favoured complainant upon admission of signatures. Onus on petitioner to rebut presumption by proving cheque not issued for legally recoverable debt, which petitioner failed. Petitioner rightly convicted and sentenced by ASJ. HC dismissed revision petition, finding no infirmity in ASJ's judgment. Highlights Indian Laws Thu, 03 Oct 2024 07:50:18 +0530 https://www.taxtmi.com/highlights?id=81873