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Indian Laws - Highlights / Catch Notes

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Dishonour of Cheque - acquittal of the accused - rebuttal of the ...

Indian Laws

September 28, 2023

Dishonour of Cheque - acquittal of the accused - rebuttal of the presumption - the Learned Trial Court, by considering the legal presumption available under Section 139 of the Negotiable Instruments Act to have been rebutted merely on denial made by the accused/respondents, has clearly failed to appreciate the scope and purport of section 139 of the Negotiable Instruments Act. The impugned order of acquittal is thus erroneous in law as also in facts and is thus liable to be set aside. - HC

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