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2022 (11) TMI 490 - HC - Indian LawsDishonor of Cheque - insufficient funds - discharge of initial burden to prove - rebuttal of presumptions - preponderance of probabilities - HELD THAT:- After questioning the accused under Section 313(1)(b) of Cr.P.C, though opportunity was provided to the accused to adduce defence evidence, no defence evidence was adduced - It is the settled law that, when the complainant discharged his initial burden in the matter of transaction led to execution of the cheque, he would get twin presumptions in his favour. Law regarding presumptions is also settled as well. The law is clear on the point that when the complainant discharged the initial burden to prove the transaction led to execution of the cheque, the presumption under Sections 118 and 139 of the N.I Act would come into play. No doubt, these presumptions are rebuttable and it is the duty of the accused to rebut the presumptions and the standard of proof of rebuttal is nothing but preponderance of probabilities - Coming to the power of this Court in the matter of exercising revision, the law is well settled. It is the settled law that power of revision available to this Court under Section 401 of Cr.P.C r/w Section 397 is not wide and exhaustive to re-appreciate the evidence to have a contra finding. It is to be noted that nothing available to interfere with the concurrent verdicts, by exercising power of revision. To the contrary, it appears that the courts below rightly entered into conviction and sentence - revision petition dismissed.
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