High Court of Delhi

Wilson Mathew v. The State NCT of Delhi and Ors.

MANU/DE/2691/2015

15.09.2015

Banking

Security cheques to be proved as given in discharge of legally enforceable debt

In a case involving arrest of the accused for dishonoured cheques, the Court allowed the accused’s petition. It noted the peculiar facts of the case and various contradictions in the complainant’s statements, particularly that it had accepted the postdated cheques from the accused as security. The Court held that though there was a presumption that a holder of a cheque received it in discharge of debt, the complainant had failed to establish the same.

Relevant

ICD v. Beena Shabir and Anrs. MANU/SC/0669/2002
K. Prakashan v. P.K. Surenderan MANU/SC/8009/2007
Krishna Janardhan Bhat v. Dattatreya Hegde MANU/SC/0503/2008

Tags : Security cheque presumption enforceable debt

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