2020 (2) TMI 1584

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....Jethmalani, learned Senior Counsel appearing for the Appellant and Mr. Vikas Singh, learned Senior Counsel appearing for the Respondent. 2. This Appeal has been filed against the Judgment of the High Court, dated 6.9.2016 by which Criminal Miscellaneous Petition No. 965 of 2016, filed by the Appellant, praying for quashing the Order, dated 18.7.2016 passed by Sessions Judge, Bilaspur in Crimina....

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....trate First Class, taking into consideration materials on the record vide Order, dated 18.8.2015, took cognizance of offence and registered a Criminal Complaint Case No. 4664 of 2015. Criminal Revision was filed against the said Order before the District Judge, which was dismissed by the District Judge on 18.7.2016. For quashing the said Order, Criminal Revision No. 965 of 2016 was filed. 3. Mr....

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....butted and that rebuttal can only be done after adducing evidence. This, by itself clearly reflects that the rebuttal presumption cannot be looked into at the stage of the Court taking cognizance of the offence and registering the case air that Court would have to see is whether there is a prima facie case made out meeting the conditions precedent as envisaged Under Section 138 of NI Act, which in....