Court Can Presume Liability in Cheque Dishonor, but Complainant Must Prove Transaction and Address Security Misuse Claims.

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Full Text of the Document

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....Dishonor of cheque - No doubt, the Court can draw presumption, but in order to draw presumption, the complainant has to discharge his burden to prove the transaction between himself and the accused. When such being the case and when specific contention was taken by the accused that the cheque was taken as a security and the same has been misused, the complainant ought to have explained the same and the same has not been done....