⚖️ SUPREME COURT UPDATE | SECTION 138, NEGOTIABLE INSTRUMENTS ACT
Bare Denial of Consideration Is Not Enough to Rebut the Presumption in a Cheque Bounce Case.
In cases under Section 138 of the Negotiable Instruments Act, 1881, the law presumes that a cheque was issued towards a legally enforceable debt or liability, subject to the statutory requirements. A mere denial of consideration by the accused is not sufficient to rebut this presumption. The accused must raise a probable defence based on the evidence and circumstances of the case.
This legal principle highlights the importance of evidence, statutory presumptions, and a properly established defence in cheque dishonour proceedings.
⚖️ Adv. Gajanan Hemke
Trusted Legal Advice | Strong Legal Representation
📍 Nagpur, Maharashtra
#Section138 #NegotiableInstrumentsAct #ChequeBounceCase #SupremeCourtOfIndia #LegalAwareness #IndianLaw #AdvocateGajananHemke #LegalUpdate
Bare Denial of Consideration Is Not Enough to Rebut the Presumption in a Cheque Bounce Case.
In cases under Section 138 of the Negotiable Instruments Act, 1881, the law presumes that a cheque was issued towards a legally enforceable debt or liability, subject to the statutory requirements. A mere denial of consideration by the accused is not sufficient to rebut this presumption. The accused must raise a probable defence based on the evidence and circumstances of the case.
This legal principle highlights the importance of evidence, statutory presumptions, and a properly established defence in cheque dishonour proceedings.
⚖️ Adv. Gajanan Hemke
Trusted Legal Advice | Strong Legal Representation
📍 Nagpur, Maharashtra
#Section138 #NegotiableInstrumentsAct #ChequeBounceCase #SupremeCourtOfIndia #LegalAwareness #IndianLaw #AdvocateGajananHemke #LegalUpdate
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