High Court Finds Error in Session Judge's Interpretation of Section 139, Negotiable Instruments Act in Cheque Dishonor Case.

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....Dishonour of Cheque - insufficiency of funds - The Session Judge totally overlooked the fact that Sec 139 N.I Act clearly includes a presumption that there exists a legally enforceable debt or liability. However the presumption is rebuttable by the accused. There is no such requirement of the complainant to discharge his initial burden of proof as held by the Session Judge. - HC....