legally enforceable debt Archives

Section 138 NI Act on Cheque for Time-Barred Debt

Cheque for Time-Barred Debt Revives Enforceability Under S. 25(3) Contract Act; Dishonour attracts Section 138 NI Act: Rajasthan High Court

“A meaningful reading of Sections 20, 118 and 139 of the NI Act makes it clear that a person who signs a cheque and delivers it to the payee remains liable unless he successfully rebuts the statutory presumptions.”

Case Briefs High Courts

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