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Indian Laws - Highlights / Catch Notes

Home Highlights November 2021 Year 2021 This

Dishonor of Cheque - insufficiency of funds - acquittal of the ...

Indian Laws

November 30, 2021

Dishonor of Cheque - insufficiency of funds - acquittal of the accused - The evidence on record would clearly show that the fact is not as presumed. Therefore, the presumption under Sections 118(a) and 138 of the NI Act is over. Thus, it can be safely concluded that having regard to the facts and circumstances of the case and preponderance of probabilities, the rebuttal evidence adduced by the accused is acceptable. - In the case of acquittal, there is double presumption in favour of the accused. - HC

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