Negotiable Instruments Act, 1881–Sec. 138–Acquittal–Justification–Issuance of cheque by him and the signatures of accused on the said cheque were not disputed by the accused–He also admitted the fact of transaction between the parties–Nothing is in the reply of statutory notice that the cheque
was given as a security–After dishonour of earlier cheque for want of sufficient fund, accused issued a fresh cheque which was returned unpaid due to stop payment–No evidence was laid by him to rebut the legal presumption–Courts below committed error in shifting the burden upon the complainant to
prove the debt or liability–Accused is hold guilty for the offence u/s. 138.
APS Forex Services (P) Ltd. vs. Shakti International Fashion Linkers & Ors. (SC)
₹42.00
