Just a moment...

Top
Help
AI OCR

Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page

Try Now
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

Dishonor of cheques u/s 138 of NI Act. Accused acquitted due to material alteration. Burden of proof clarified.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The Kerala High Court dealt with a case involving dishonor of cheques u/s 138 of the Negotiable Instruments Act. The court considered joint trial of cases, material alteration of cheques, statutory presumptions, and burden of proof. The accused successfully rebutted statutory presumptions under Sections 118 and 139 by preponderance of probabilities. The court noted material alteration of a cheque by the complainant, leading to the accused's acquittal in a previous case. Evidence showed partial payment by the accused, discharging part of the liability. As the cheque did not represent a legally enforceable debt at encashment, the accused rebutted presumptions. The appeal was dismissed, and any pending interlocutory applications were closed.....