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        Indian Laws

        HC dismissed appeals challenging acquittal in cheque dishonour...

        Legal Challenge Fails: Cheque Dishonour Case Dismissed After Accused Successfully Rebuts Debt Presumptions Under NI Act Sections 118 and 139

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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 challenging acquittal in cheque dishonour case. The court found that the complainant failed to establish foundational facts regarding the alleged debt, and the accused successfully rebutted statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act. Despite a prior settlement attempt, the court held that entering into a settlement does not automatically constitute an admission of debt. The respondents satisfied the test of preponderance of possibilities, leading to the maintenance of the trial court's acquittal order.
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