Dishonour Of Cheque Presumption U/S 139 Of NI Act Can not Be Rebutted By Mere Denial: SC Reiterates

On Monday, SC reiterated that mere denial of a debt or liability cannot shift the burden of proof from the accused in a case of dishounor of the cheque.

A bench of Justice A K Sikri and Justice Ashok Bhushan once again made it clear that Section 139 of the Negotiable Instruments Act, 1881, provides for drawing the presumption in favour of holder and a bare denial of the passing of the consideration and existence of debt, apparently would not serve the purpose of the accused.

The bench reiterated that the apex court has in various cases held that the accused may adduce evidence to rebut the presumption, but mere denial regarding the existence of debt shall not serve any purpose.

The bench said so while setting aside the judgment of the HC which cleared the man punished for dishonour of cheque by holding that he had been able to create doubt in the mind of the court with regard to the existence of debt/liability even as the accused had led no direct evidence to shift his burden.

Things You Need to Know About Getting a Bail

Are you looking for a bail lawyer in your location? Do you need legal assistance because a loved one has been arrested? No matter whatever the legal crisis is, hiring an experienced advocate can benefit you greatly. However, looking for the right lawyer can be overwhelming and challenging. This article will help you understand the process of bail and how can you find an appropriate professional for your legal needs.

Understanding the Process of Bail

A person under arrest can be granted bail by the investigating officer in the case of bailable offence. However, the police cannot grant bail to the accused in the case of a non-bailable offence. In that case, the accused will need to file a bail application to a Judicial Magistrate/Judge. The defendant will be released on bail on his personal recognizance or upon paying a certain amount specified by the judicial officer.

Before granting bail, the court usually takes into consideration the following facts with reference to the defendant:

Cheque Dishonoured: What you need to know

Technology and digitization have transformed how the banking sector operates. Today, you can access your banking information and transactions at your fingertips. Despite of the convenience that online banking offers, many people still prefer opting for traditional banking methods, such as visiting the bank to deposit a cheque. Irrespective of the ways you choose to conduct banking operations, there is always some risk associated with the process. For instance, you may become a victim of scams such as cheque fraud.  

Young generation usually has an idea about what online fraud is, however, there are still some people who might not even know about cheque fraud. Also, some of you might not even know of the possible actions you need to take once a cheque is bounced. Besides, there is also a possibility that you might not be aware of the fact that cheque bounce is considered as one of the financial offences in India that can result in disastrous consequences for the issuer.

Whether you are a victim of cheque fraud or are accused of such an offense, having a Cheque Bounce Advocate in Delhi by your side can save

How to Find the Top Lawyers in India?

Not all of us can easily find answers to questions regarding legal issues like litigating a legal dispute, drafting wills, estate planning, etc. But there could be times when you may need some legal advice from time to time. And it goes without saying that legal matters can be best handled by experts.

However, some of you may question how and where you can find Top Lawyers in India? Possibly, you may ask your friends or colleagues for recommendations regarding lawyers, in general, the ones with specialization in your problem area(s). Or what better way to search the Internet for the information you want to seek. After all, we all have become accustomed to browsing the web through our smartphones.

SoOLEGAL online platform, a perfect destination to find a lawyer

The time has come for lawyers to evolve digitally in order to expand their area of practice. When a person needs to find a lawyer, whether, it is a tort action, civil suit, criminal suit, divorce settlement or any other legal difficulty, he/she is facing, searching for a lawyer through an online directory is the best way to identify an experienced, trained, and reliable lawyer to defend you. It is essential for people with severe legal problems to take legal decisions seriously otherwise it could lead to severe consequences. SoOLEGAL is the leading online directory wherein you can find the best lawyer for your needs.