Failure to disclose liability of drawer, supply list of witnesses do not vitiate complaint under Section 138 NI Act: Jammu & Kashmir High Court

The Court held that Section 139 of NI Act creates a presumption that the holder of the cheque received the cheque for discharge of any debt or other liability unless the contrary is proved.
Cheque Bouncing
Cheque Bouncing

The Jammu and Kashmir High Court has recently ruled that a complaint under Section 138 of the Negotiable Instruments Act (NI Act) will not be vitiated due to failure by the holder of the cheque to disclose/ state in his complaint that the cheque was received for discharge of legally enforceable debt or liability on the part of drawer of the cheque (Narinder Singh v. Sharjeel Malik).

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