What Supreme Court held on onus of proof on the Accused in Cheque Bouncing cases [Judgment]

What Supreme Court held on onus of proof on the Accused in Cheque Bouncing cases [Judgment]

The Supreme Court recently made certain pertinent observations regarding the onus of proof placed on persons implicated in cheque bouncing cases under  the Negotiable Instruments Act, 1881.

The Supreme Court Bench of Justices R Banumathi and Indira Banerjee noted just because a blank cheque has been post-dated or filled in by the payee, it would not automatically invalidate the cheque. Importantly, this would not affect the onus on the accused to prove that the same was not issued by him to discharge a debt or liability owed to the holder/payee, provided that the accused (being the drawer) had voluntarily presented it to the payee.

Loading content, please wait...
Bar and Bench - Indian Legal news
www.barandbench.com