None
EN
Cheque Dishonour | Defence That Complainant Lacks Financial Capacity Ought To Be Raised In Accused's Reply Notice : Supreme Court
['Yash Mittal', 'Yash Mittal Is A Correspondent With Livelaw', 'Covering The Supreme Court Of India']
Supreme Court - High Court - Legal Breaking News | Live Law India
The Supreme Court has held that the initial burden of raising a defence that the complainant lacked the financial capacity to advance a loan rests on the accused and must ordinarily be taken in the reply to the statutory demand notice issued under Section 138 of the Negotiable Instruments Act.
If no such plea is raised at that stage, the complainant cannot later be expected to lead...