Thursday, October 16, 2025

Cheque Dishonour, S.138 and Criminal Law

Cheque Dishonour, S.138 and Criminal Law 

In case of Raj Kumar Goel v. State of UP [2017] GCtR 6450 (Allahabad), accused was convicted for offence under S.138 of NI Act, 1881. It was held that "provided the facts required to form the basis of a presumption of law exists, no discretion is left with the Court but to draw the statutory conclusion, but this does not preclude the person against whom the presumption is drawn from rebutting it and proving the contrary."

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