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Showing posts with the label #Section138 #NegotiableInstrument #Criminal #Prosecution #Chequebounce #Chequedishonour #SupremeCourt

New Supreme Court Rules to Fast Track Cheque Bounce Cases (Section 138 of NI Act)

If a bank returns a cheque for insufficient funds, the law presumes the cheque was given to pay a real debt once the signature is admitted, and it is up to the issuer to prove otherwise with real evidence, not guesses. In this landmark ruling, the Supreme Court restored a conviction that a High Court had wrongly overturned and introduced new, practical steps to expedite cheque-bounce cases nationwide, with effect from 01.11.2025. Let's examine the case of the appellant-complainant, Sanjabij Tari, who advanced a friendly loan of ₹6,00,000 to the respondent, Kishore S. Borcar, supported by credible testimony that to oblige his friend/Respondent, the appellant-complainant had arranged money from his father, who was a cloth merchant having two shops and even went to the extent of parting with a portion of the loan amount which he himself had borrowed from a financial institution. The respondent issued a cheque which was dishonoured by the bank. The trial and sessions courts convicted t...