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    <title>2024 (9) TMI 453 - DELHI HIGH COURT</title>
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    <description>The Delhi HC dismissed a petition seeking leave to appeal against an acquittal in a cheque dishonour case under Section 138 of the NI Act. The appellate court had found that the accused successfully rebutted the statutory presumption under Sections 118 and 139 of the NI Act, establishing that the cheque was given for investment purposes rather than against a loan. The HC noted that appellate courts must exercise caution when reviewing acquittals as the presumption of innocence is strengthened by judicial acquittal. The court found no infirmity in the appellate court&#039;s conclusion that the defence was plausible and that no evidence substantiated the alleged loan transaction.</description>
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    <pubDate>Fri, 30 Aug 2024 00:00:00 +0530</pubDate>
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      <title>2024 (9) TMI 453 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=758209</link>
      <description>The Delhi HC dismissed a petition seeking leave to appeal against an acquittal in a cheque dishonour case under Section 138 of the NI Act. The appellate court had found that the accused successfully rebutted the statutory presumption under Sections 118 and 139 of the NI Act, establishing that the cheque was given for investment purposes rather than against a loan. The HC noted that appellate courts must exercise caution when reviewing acquittals as the presumption of innocence is strengthened by judicial acquittal. The court found no infirmity in the appellate court&#039;s conclusion that the defence was plausible and that no evidence substantiated the alleged loan transaction.</description>
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      <pubDate>Fri, 30 Aug 2024 00:00:00 +0530</pubDate>
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