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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.
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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