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Section 138 Acquittal Upheld as Legally Enforceable Debt Not Proved: Calcutta HC
Case Law Details
- Case Name
- Suresh Kumar Kabra (HUF) Vs State of West Bengal & Anr.(Calcutta High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Calcutta High Court
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Suresh Kumar Kabra (HUF) Vs State of West Bengal & Anr. (Calcutta High Court)
The Calcutta High Court dismissed the criminal appeal and affirmed the acquittal in proceedings under Section 138 of the Negotiable Instruments Act, 1881, holding that the complainant failed to establish the existence of a legally enforceable debt after the statutory presumption under Section 139 stood effectively rebutted.
The case arose from the dishonour of a cheque allegedly issued towards repayment of a loan. The complainant contended that all statutory ingredients under Section 138 were ful...
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