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Section 138 Offence: Dishonor of Cheque Defenses and Burden of Proof Explained Under Indian Law.
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....Dishonor of Cheque - An offence under Section 138 of the NI Act is technical in nature and defences, which an accused can take, are inbuilt; for instance, the cheque was given without consideration, the accused was not a Director at that time, accused was a sleeping partner or a sleeping Director, cheque was given as a security etc. etc., the onus of proving these defences is on the accused alone, in view of Section 106 of the Indian Evidence Act, 1872. - evidence already given by the complainant by way of affidavit is sufficient proof of the offence - HC....