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    <title>2015 (1) TMI 1365 - TELANGANA AND ANDHRA PRADESH HIGH COURT</title>
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    <description>Appeals against a revisional order in a cheque-dishonour complaint were treated as maintainable through the victim-complainant&#039;s appellate remedy, and, where necessary, through the High Court&#039;s inherent jurisdiction to prevent miscarriage of justice or abuse of process. On merits, the court applied the Negotiable Instruments Act presumptions once issuance and dishonour of the cheque were shown, holding that the accused had to rebut the liability on a preponderance of probabilities. The revisional court was found to have misapplied that reverse burden, and the omission to refer in the statutory notice to the antecedent pronote and revival letters was held not fatal. The conviction was restored with sentence modified.</description>
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    <pubDate>Fri, 30 Jan 2015 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=196905</link>
      <description>Appeals against a revisional order in a cheque-dishonour complaint were treated as maintainable through the victim-complainant&#039;s appellate remedy, and, where necessary, through the High Court&#039;s inherent jurisdiction to prevent miscarriage of justice or abuse of process. On merits, the court applied the Negotiable Instruments Act presumptions once issuance and dishonour of the cheque were shown, holding that the accused had to rebut the liability on a preponderance of probabilities. The revisional court was found to have misapplied that reverse burden, and the omission to refer in the statutory notice to the antecedent pronote and revival letters was held not fatal. The conviction was restored with sentence modified.</description>
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      <pubDate>Fri, 30 Jan 2015 00:00:00 +0530</pubDate>
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