Pre-enactment land-sale agreements escape stamp-duty value substitution where substantial banking-channel consideration was received before Section 43...
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HC analyzed dishonour of cheque case under NI Act, focusing on rebuttal of statutory presumptions. The court held that an accused need not prove defense beyond reasonable doubt but must establish preponderance of probabilities. When challenging a cheque's validity, the accused can use direct or circumstantial evidence to create doubt about legally enforceable debt. The complainant bears the burden of explaining financial capacity when source of funds is questioned. Ultimately, the HC dismissed the appeal, upholding the trial court's acquittal, finding no illegality or impropriety in the original judgment.
HC analyzed dishonour of cheque case under NI Act, focusing on rebuttal of statutory presumptions. The court held that an accused need not prove defense beyond reasonable doubt but must establish preponderance of probabilities. When challenging a cheque's validity, the accused can use direct or circumstantial evidence to create doubt about legally enforceable debt. The complainant bears the burden of explaining financial capacity when source of funds is questioned. Ultimately, the HC dismissed the appeal, upholding the trial court's acquittal, finding no illegality or impropriety in the original judgment.
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