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        Case ID :
        Indian Laws

        The HC dismissed the complainant's application for leave to...

        Accused successfully rebuts Section 139 presumption proving cheques issued as security not liability discharge

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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.
                                The HC dismissed the complainant's application for leave to appeal against acquittal in a dishonored cheque case under Section 138 of the Negotiable Instruments Act. The accused successfully rebutted the statutory presumption under Section 139 by establishing that cheques were issued as security rather than for discharge of legal liability. The complainant's contradictory testimony regarding the year of cheque issuance (2017 versus 2020) shifted the burden to prove legal liability. The complainant failed to establish subsisting liability on the presentation date, as required when cheques are issued as security. The trial court's acquittal was upheld as reasonable, with the HC declining to interfere despite alternative interpretations being possible.
                                Note: It is a system-generated summary and is for quick reference only.
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