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The High Court dismissed petitions u/s 91 Cr.P.C, 311 Cr.P.C,...
Court dismisses accused's petitions to recall witnesses and produce bank documents in cheque dishonour case. Accused must be able to rebut presumption.
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The High Court dismissed petitions u/s 91 Cr.P.C, 311 Cr.P.C, and 254(2) Cr.P.C by the accused in a cheque dishonor case. The court held that statutory presumptions can be rebutted. The accused's petitions to recall witnesses and produce bank documents were denied by the trial court. The High Court found that recalling witnesses and confronting contradictions is necessary for proper evaluation. The trial court's dismissal of petitions u/s 311 Cr.P.C and 91 Cr.P.C was set aside, but the dismissal of petitions u/s 254(2) Cr.P.C was confirmed. The accused's right to rebut presumptions cannot be hindered by withholding necessary documents.
The High Court dismissed petitions u/s 91 Cr.P.C, 311 Cr.P.C, and 254(2) Cr.P.C by the accused in a cheque dishonor case. The court held that statutory presumptions can be rebutted. The accused's petitions to recall witnesses and produce bank documents were denied by the trial court. The High Court found that recalling witnesses and confronting contradictions is necessary for proper evaluation. The trial court's dismissal of petitions u/s 311 Cr.P.C and 91 Cr.P.C was set aside, but the dismissal of petitions u/s 254(2) Cr.P.C was confirmed. The accused's right to rebut presumptions cannot be hindered by withholding necessary documents.
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