legally enforceable debt Archives

Calcutta High Court upholds acquittal under Section 138 of NI Act on failure to prove existence of legally enforceable debt

Calcutta High Court delved into the legalities surrounding the presumption under Section 139 of the Negotiable Instruments Act, 1881, emphasizing that it is a “rebuttable presumption”.

Case Briefs Supreme Court

Dishonour of Cheques| Section 138 NI Act would not attract if cheque does not represent a legally enforceable debt at the time of encashment

Supreme Court: In the case where the Supreme Court was called upon to decide whether the offence under Section 138 of the

Case Briefs High Courts

Madras HC | Presumption under S. 139 NI Act in favour of holder of cheque arises once its execution is admitted by accused

Madras High Court: The Bench of P. Velmurugan J. convicted the accused under Section 138 of the Negotiable Instruments Act, 1881 (for dishonour