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    Indian Laws

    Dishonor of Cheque - insufficiency of funds - rebuttal of...

    High Court ruling overturned: Respondent failed to rebut presumption in cheque dishonor case due to insufficient funds.

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    Indian LawsSeptember 27, 2021Case LawsSC

    Dishonor of Cheque - insufficiency of funds - rebuttal of presumption - The case put forth by the respondent does not satisfy the requirement of rebuttal even if tested on the touchstone of preponderance of probability. Therefore, in the present facts it cannot be held that the presumption which had arisen in favour of the appellant had been successfully rebutted by the respondent herein. The High Court therefore was not justified in its conclusion. - SC

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