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    <title>2020 (2) TMI 1732 - GUJARAT HIGH COURT</title>
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    <description>In a cheque dishonour prosecution, leave to appeal against acquittal was declined because the accused effectively rebutted the statutory presumptions under negotiable instruments law. Her evidence remained unchallenged as the complainant did not cross-examine her, and the record indicated that the earlier monetary transaction had been repaid and that the cheque was not proved to have been issued towards a subsisting liability. On a preponderance of probability, the accused discharged the burden of rebuttal, so the acquittal was treated as based on sound appreciation of evidence and no interference was warranted.</description>
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      <description>In a cheque dishonour prosecution, leave to appeal against acquittal was declined because the accused effectively rebutted the statutory presumptions under negotiable instruments law. Her evidence remained unchallenged as the complainant did not cross-examine her, and the record indicated that the earlier monetary transaction had been repaid and that the cheque was not proved to have been issued towards a subsisting liability. On a preponderance of probability, the accused discharged the burden of rebuttal, so the acquittal was treated as based on sound appreciation of evidence and no interference was warranted.</description>
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