Section 138 NI Act Cheque Dishonor

Section 138 NI Act - If Signature On Cheque Is Admitted, Presumption Under Section 139 Will Be Raised: Supreme Court

The Supreme Court convicted the accused notin at accused had accused noting that accused had not replied to the demand notice and had raised his defence for the first time before the High Court.

The Supreme Court has observed that if the signature on the cheque is admitted, then presumption under Section 139 of the Negotiable Instruments Act that the cheque was issued in discharge of a legally enforceable debt will be raised. Upon such presumption being raised, it is incumbent upon the accused to rebut the same."..it is clear that signature on the cheque having been admitted,...

Written By - KR Choudhary