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        Indian Laws

        HC dismissed appeals concerning dishonored cheques under Section...

        Accused Successfully Rebuts Presumption in Section 138 NI Act Case as Complainant Fails to Prove Debt

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                HC dismissed appeals concerning dishonored cheques under Section 138 of NI Act. Trial court's acquittal was upheld as complainant failed to establish foundational facts and legally enforceable debt beyond reasonable doubt. Respondents successfully rebutted statutory presumptions under Sections 118(a) and 139 through preponderance of probabilities. Complainant provided no evidence of transactions, supply materials, or bills against which cheques were issued. Witnesses lacked credibility, and documentation showed inconsistencies. Court affirmed that while NI Act creates presumptions favoring holder, accused can rebut through material circumstances and isn't required to prove innocence beyond reasonable doubt.
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