Bombay HC: National Security Justifies Denial of Police Clearance Certificate  ||  Bombay HC: Comic Remarks Without Malicious Intent Not Religious Insult  ||  J&K&L High Court: Scandalous Allegations Against Judicial Officers in Pleadings Impermissible  ||  P&H HC: Writ Petition Against Private Trust's Contractual Employment Dismissed  ||  Gujarat HC: Customary Divorce Entitles Daughter to Family Pension  ||  Calcutta HC: ECI's Prerogative to Deploy Central Employees as Counting Supervisors Upheld  ||  Calling the Situation Grim, the Supreme Court Takes Suo Motu Cognizance of Delays in NCLT Approvals  ||  Supreme Court: Admission of a Claim by a Resolution Professional is Not Debt Acknowledgment  ||  Supreme Court: Public Figures Must Exercise Caution as Their Words Have Consequences in Society  ||  SC: State Must Act as a Model Employer, Criticising the Union For Not Regularising ISRO Workers    

Wilson Mathew v. The State NCT of Delhi and Ors. - (High Court of Delhi) (15 Sep 2015)

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

MANU/DE/2691/2015

Banking

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  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved