<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2017 (8) TMI 3 - MADRAS HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=345945</link>
    <description>Leave to appeal against acquittal is granted only sparingly, where the trial court&#039;s view is perverse, contrary to evidence, or based on a clear misreading of law or facts; a probable view taken on the evidence warrants restraint and the acquittal was left undisturbed. In a cheque dishonour prosecution, material alteration under Section 87 of the Negotiable Instruments Act requires a substantive change affecting the parties&#039; rights, and the complainant must still prove the foundational liability. Where the cheque showed disputed alterations in date and amount, and the evidence on issuance, alteration, advance payment, and debt was unreliable, the statutory presumption under Section 139 was not rebutted in the complainant&#039;s favour and the offence under Section 138 was not established.</description>
    <language>en-us</language>
    <pubDate>Tue, 18 Apr 2017 00:00:00 +0530</pubDate>
    <lastBuildDate>Tue, 01 Aug 2017 09:04:08 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=483785" rel="self" type="application/rss+xml"/>
    <item>
      <title>2017 (8) TMI 3 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=345945</link>
      <description>Leave to appeal against acquittal is granted only sparingly, where the trial court&#039;s view is perverse, contrary to evidence, or based on a clear misreading of law or facts; a probable view taken on the evidence warrants restraint and the acquittal was left undisturbed. In a cheque dishonour prosecution, material alteration under Section 87 of the Negotiable Instruments Act requires a substantive change affecting the parties&#039; rights, and the complainant must still prove the foundational liability. Where the cheque showed disputed alterations in date and amount, and the evidence on issuance, alteration, advance payment, and debt was unreliable, the statutory presumption under Section 139 was not rebutted in the complainant&#039;s favour and the offence under Section 138 was not established.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Tue, 18 Apr 2017 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=345945</guid>
    </item>
  </channel>
</rss>