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Indian Laws - Highlights / Catch Notes

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Dishonor of Cheque - acquittal of the accused - After having ...


Court Acquittal in Cheque Dishonor Case Overlooks Presumptions in Negotiable Instruments Act, Needs Appellate Review.

June 29, 2021

Case Laws     Indian Laws     HC

Dishonor of Cheque - acquittal of the accused - After having admitted that the Ext. P1 cheque was issued by him, in the absence of a plausible and satisfactory explanation, the trial court ought to have drawn the presumptions under Sections 118 and 139 of the Act. The court went wrong in taking the statement given by first respondent under Section 313 of the Cr.P.C. as gospel truth and acquitting him from liability. That finding requires interference in appeal. - HC

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