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    <title>2018 (5) TMI 725 - DELHI HIGH COURT</title>
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    <description>In Section 138 proceedings, the statutory presumptions under Sections 118(a) and 139 of the Negotiable Instruments Act are rebuttable, and the accused may displace them on a preponderance of probabilities by relying on the complainant&#039;s own evidence; the defence was held probabilised on the record, so the acquittal was upheld. A belated objection to the mode of proof of documents could not be entertained after the documents had been admitted in evidence. Omission of examination under Section 313 CrPC was treated as a safeguard for the accused and not, by itself, a ground for reversal at the complainant&#039;s instance.</description>
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      <title>2018 (5) TMI 725 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=360161</link>
      <description>In Section 138 proceedings, the statutory presumptions under Sections 118(a) and 139 of the Negotiable Instruments Act are rebuttable, and the accused may displace them on a preponderance of probabilities by relying on the complainant&#039;s own evidence; the defence was held probabilised on the record, so the acquittal was upheld. A belated objection to the mode of proof of documents could not be entertained after the documents had been admitted in evidence. Omission of examination under Section 313 CrPC was treated as a safeguard for the accused and not, by itself, a ground for reversal at the complainant&#039;s instance.</description>
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