Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
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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