Tax Management India. Com
                        Law and Practice: A Digital eBook ...

Category of Documents

TMI - Tax Management India. Com
Case Laws Acts Notifications Circulars Classification Forms Manuals SMS News Articles
Highlights
D. Forum
What's New

Share:      

        Home        
 

TMI Blog

Home List
← Previous Next →

2018 (12) TMI 440

esumption, qua, hence it standing issued towards, a, legally enforceable debt or liability, erupting inter se, the complainant and the accused. However, the afore presumption is rebuttable. - The learned trial Court has appraised the entire evidence on record in a wholesome and harmonious manner apart therefrom the analysis of the material on record by the learned trial Court does not suffer from a gross perversity or absurdity of mis-appreciation and non appreciation of evidence on record - there is no merit in the instant appeal and it is dismissed. - Cr. Appeal No. 566 of 2012. - 20-11-2018 - Mr. Justice Sureshwar Thakur, Judge. For the Appellant : Mr. Munish Kumar Gupta, Advocate. For the Respondent : Mr. Jyotirmay Bhatt, Advocate. .....

X X X X X X X

Full Text of the Document

X X X X X X X

n record, to proceed against the accused, hence, issued notice to the accused. On his appearance before the learned trial Court, notice of accusation for his committing an offence punishable under Section 138 of the Negotiable Instruments Act, stood hence put to him. In proof of the case, the complainant examined two witnesses. On conclusion of recording of the complainant's evidence, the statement of the accused under Section 313 of the Code of Criminal Procedure, was recorded by the learned trial Court, wherein he claimed innocence and pleaded false implication. However, he has examined two witnesses in his defence. 4. On an appraisal of the evidence on record, the learned trial Court, returned findings of acquittal in favour of the a .....

X X X X X X X

Full Text of the Document

X X X X X X X

upting inter se, the complainant and the accused. However, the afore presumption is rebuttable. The evidence to rebut the afore presumption is marshalable, from, Ex. D-2, (i) comprising the cheque book, unfolding qua two cheques respectively bearing No. 789287 and No. 789289 hence being issued therefrom, in the year 2004. (i) The afore cheques book borne in Ex. D-2, stood, exhausted in the year 2004, and, hence the issuance, of, the disputed cheque, much belatedly therefrom, especially in the year 2006, hence, sparks a genuine and valid suspicion qua its issuance, being towards any legally enforceable debt, or, liability inter se the accused, and, the complainant (ii) AND the afore inference is strengthened by the factum, of, the complainan .....

X X X X X X X

Full Text of the Document

X X X X X X X

 

 

← Previous Next →

 

 

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || Database || Members || Refer Us ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.
|| Blog || Site Map - Recent || Site Map ||