Gujarat High Court Judgment Dishonour of cheque – Time barred debt N.I. Act – S.138 & 139 – Limitation Act – S.18, Art.17, 18, 19 & 113 – Contract Act – S.25(3) – Dishonour of cheque – time barred debt – acknowledgement of debt – enforceability – The accused borrowed money from the complainant and provided a cheque as security without including the name of the holder or the date. A written document was executed on stamp paper acknowledging the loan. The complainant claimed that when the accused failed to repay, he filled in the cheque and added the date with the accused’s consent. However, when the cheque was presented for payment, it was dishonoured due to insufficient funds. The accused disputed the claim of giving consent for filling in the date. The court held that once the accused disputed the consent, the presumption in favor of the complainant was rebutted. Additionally, the lack of the accused’s signature on the subsequently entered date in the cheque, issued over three years ago, does not extend the limitation period for the debt. #chequebounce #Limitation #s.138 #Limitaionincheque #securitycheque #aquittal #highcourt #gujrathighcourt
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M.P. High Court Judgment Divorce – Ground of Cruelty by wife Hindu Marriage Act – S.13(1)(i-a) – Divorce – Ground of Cruelty by wife -husband further pleaded in his petition that respondent-wife always threatened him to lodge criminal reports against him and his family members. According to petition, respondent-wife threatened appellant that she will commit suicide or lodge report of harassment due to demand of dowry. – acquittal of appellant and his parents in criminal case lodged by respondent and prayed for grant of decree of dissolution of marriage on the ground of cruelty for lodging false report. – wife has not controverted the fact of acquittal and in these circumstances, it may be safely concluded that respondent-wife knowingly and intentionally filed false complaint, calculated to embarrass and harass appellant and his parents and such conduct of respondent is unquestionably constitutes cruelty as postulated in S.13 (1)(i-a) – in view of judgment delivered by Apex Court in K. Srinivas (Laws(SC) – 2014 – 11 – 31), husband is entitled for decree of divorce on the ground of cruelty and judgment of acquittal being subsequent event may be considered by this Court. – allow the appeal of appellant husband and grant decree of divorce. #divorce #cruelty #divorceoncruelty #hindumarriage #hindumarriageact #criminalreports #aquittal #falsecomplaint #dissolutionofmarriage #harassment #wifethreatened #divorceappeal #HighCourt #DelhiHighCourt #CaseLaw
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