https://www.taxtmi.com/caselaws?id=445567 Delay in filing the appeal before the appellate court was found not fit for condonation because the complainant had no opportunity to oppose it, the accused had remained absent despite service, was declared a proclaimed person, and gave no acceptable explanation for the long delay. On the merits, once the cheque, return memo, notice, postal acknowledgment, signature and issuance were admitted, the presumptions under Sections 118 and 139 of the Negotiable Instruments Act operated in favour of the complainant. The accused failed to rebut them on a preponderance of probabilities; the plea of a smaller loan, security cheque and part repayment was not consistently proved, and a reply or statement under Section 313 CrPC was insufficient. The acquittal was therefore held unsustainable and the conviction and sentence were restored. en-us Thu, 02 Nov 2023 00:00:00 +0530 Fri, 10 Nov 2023 11:46:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=445567 Delay in filing the appeal before the appellate court was found not fit for condonation because the complainant had no opportunity to oppose it, the accused had remained absent despite service, was declared a proclaimed person, and gave no acceptable explanation for the long delay. On the merits, once the cheque, return memo, notice, postal acknowledgment, signature and issuance were admitted, the presumptions under Sections 118 and 139 of the Negotiable Instruments Act operated in favour of the complainant. The accused failed to rebut them on a preponderance of probabilities; the plea of a smaller loan, security cheque and part repayment was not consistently proved, and a reply or statement under Section 313 CrPC was insufficient. The acquittal was therefore held unsustainable and the conviction and sentence were restored. Case-Laws Indian Laws Thu, 02 Nov 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=445567