Concessional penalty for search-disclosed unreconciled jewellery applies where substantive disclosure conditions are met despite omission from origina...
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.
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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