https://www.taxtmi.com/caselaws?id=757342 Delhi HC allowed appeal in dishonour of cheque case, setting aside trial court's acquittal order. Trial court erroneously failed to apply presumption under Section 139 NI Act, instead focusing on complainant's evidence deficiencies. HC held that once presumption is raised, burden shifts to accused to rebut it through defence evidence, not merely through Section 313 CrPC statement. Accused had not replied to legal notices or led defence evidence despite pleading not guilty. Trial court's approach of dissecting complainant's case without first examining whether accused rebutted statutory presumption was fundamentally flawed and contrary to established legal principles. en-us Fri, 16 Aug 2024 00:00:00 +0530 Thu, 22 Aug 2024 14:07:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=757342 Delhi HC allowed appeal in dishonour of cheque case, setting aside trial court's acquittal order. Trial court erroneously failed to apply presumption under Section 139 NI Act, instead focusing on complainant's evidence deficiencies. HC held that once presumption is raised, burden shifts to accused to rebut it through defence evidence, not merely through Section 313 CrPC statement. Accused had not replied to legal notices or led defence evidence despite pleading not guilty. Trial court's approach of dissecting complainant's case without first examining whether accused rebutted statutory presumption was fundamentally flawed and contrary to established legal principles. Case-Laws Indian Laws Fri, 16 Aug 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=757342