Concessional penalty for search-disclosed unreconciled jewellery applies where substantive disclosure conditions are met despite omission from origina...
HC reverses the Sessions Court's conviction, finding the appeal against acquittal non-maintainable and procedurally improper. The court determined that the complainant failed to discharge the burden of proving the accused's liability under Sections 118 and 139 of the Negotiable Instruments Act. The accused successfully rebutted the presumption of debt through documentary evidence (Ex.D-1 to Ex.D-8). Exercising revisional jurisdiction under Section 401 Cr.P.C., the HC set aside the conviction, holding that the complainant did not approach the court with clean hands and the Sessions Court acted without jurisdiction.
HC reverses the Sessions Court's conviction, finding the appeal against acquittal non-maintainable and procedurally improper. The court determined that the complainant failed to discharge the burden of proving the accused's liability under Sections 118 and 139 of the Negotiable Instruments Act. The accused successfully rebutted the presumption of debt through documentary evidence (Ex.D-1 to Ex.D-8). Exercising revisional jurisdiction under Section 401 Cr.P.C., the HC set aside the conviction, holding that the complainant did not approach the court with clean hands and the Sessions Court acted without jurisdiction.
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