https://www.taxtmi.com/caselaws?id=770121 The HP HC dismissed a revision petition in a cheque dishonour case under Section 138 NI Act. The accused admitted issuing the cheque but claimed it was given as security. The court held that the accused failed to rebut the statutory presumption that the cheque was issued in discharge of legal liability. The defense witness's testimony was found unreliable, and the claim of issuing a blank signed cheque as security was not established. The court noted that even if filled by another person, the signatory remains liable under Section 138. All ingredients of the offense were satisfied - cheque dishonour, valid notice, and non-payment despite demand. The trial court's conviction and appellate court's affirmation were upheld. en-us Fri, 02 May 2025 00:00:00 +0530 Wed, 07 May 2025 09:18:17 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=770121 The HP HC dismissed a revision petition in a cheque dishonour case under Section 138 NI Act. The accused admitted issuing the cheque but claimed it was given as security. The court held that the accused failed to rebut the statutory presumption that the cheque was issued in discharge of legal liability. The defense witness's testimony was found unreliable, and the claim of issuing a blank signed cheque as security was not established. The court noted that even if filled by another person, the signatory remains liable under Section 138. All ingredients of the offense were satisfied - cheque dishonour, valid notice, and non-payment despite demand. The trial court's conviction and appellate court's affirmation were upheld. Case-Laws Indian Laws Fri, 02 May 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=770121