Dishonor of Cheque - acquittal of the accused - The trial court ...

Court Erred in Cheque Dishonor Case by Misplacing Burden of Proof; Overlooked Section 139 of Negotiable Instruments Act.

August 11, 2021

Case Laws     Indian Laws     HC

Dishonor of Cheque - acquittal of the accused - The trial court while considering the transaction has dealt it as if a civil case and casted burden on the appellant/complainant to prove the transaction ignoring the presumption under Section 139 of N.I.Act - The trial court committed an error apparent on the face of the records by casting burden on the appellant/complainant against the mandatory requirement under Section 139 of N.I.Act. - HC

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