Presumption of legal enforceable liability – Statute mandates that once the signature(s) of an accused on the cheque/negotiable instrument are established, then these ‘reverse onus’ clauses become operative. .

(SC) Decided on: 10.02.2021

Since the respondent-accused has not denied his signature on the cheque in question, nor led any evidence in defence to this effect, therefore, applicant is granted leave to file the instant appeal -- Respondent is held guilty for commission of offence u/s 138 of the Act -- Matter is referred back to the trial Court to afford an opportunity of hearing to the respondent on the quantum of sentence.

(P&H HC) Decided on: 07.09.2018

Legally enforceable liability -- Merely on the basis of the admission of signatures by the accused on the cheque in question, he cannot be held guilty for its dishonour without any proof of a legally enforceable liability.

(P&H HC) Decided on: 21.11.2016