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2017 (12) TMI 1446 - MADRAS HIGH COURTWhether the order of acquittal passed by the learned Judicial Magistrate-I, Sankari is liable to be set aside? - cheque bounced - statutory presumption under Section 118 of Negotiable Instrument Act, 1881 Held that: - the trial Court had completely erred in shifting the onus of proof on the appellant/complainant. The trial Court has also misinterpreted the provisions of the Act, as well as the rulings relied upon to arrive at the conclusion of finding on the accused not guilty of the offence under Section 138 of NI Act. Therefore, the order of acquittal passed by the learned Judicial Magistrate No.I, Sankagiri warrants interference by this Court. Appeal allowed.
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