Power to receive documentary evidence upheld; documents referred in complaint may be placed on record without amendment where omission was inadvertent...
Proof of foreign public documents requires originals or certified diplomatic/notarial copies; inspection must occur in-magna presence and cross-examin...
Prior Sanction Requirement: absence of prescribed approval invalidates reassessment notice; limitation also bars notice if escaped income below thresh...
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The High Court held that the statutory presumption under the Negotiable Instruments Act applied once bank records proved presentation and dishonour of the cheque, and the demand notice was admittedly received. The absence of a reverse signature, deposit slip, or a dishonour entry in the account statement did not discredit the bank evidence, particularly where the branch merger and CBS procedure explained the transaction trail. The accused failed to rebut the presumption on a preponderance of probabilities, so the existence of debt and liability was proved. The Court also held that revisional jurisdiction does not permit reappreciation of evidence absent perversity, jurisdictional error, or failure of justice, and therefore upheld the concurrent conviction and sentence.
The High Court held that the statutory presumption under the Negotiable Instruments Act applied once bank records proved presentation and dishonour of the cheque, and the demand notice was admittedly received. The absence of a reverse signature, deposit slip, or a dishonour entry in the account statement did not discredit the bank evidence, particularly where the branch merger and CBS procedure explained the transaction trail. The accused failed to rebut the presumption on a preponderance of probabilities, so the existence of debt and liability was proved. The Court also held that revisional jurisdiction does not permit reappreciation of evidence absent perversity, jurisdictional error, or failure of justice, and therefore upheld the concurrent conviction and sentence.
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