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High Court Orders Retrial: Accused Failed to Prove Cheque Not for Debt; Appellate Court to Issue New Sentence.
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....Burden of proof in a dishonored cheque case under the Negotiable Instruments Act and the legality of the sentence imposed. The court held that the accused failed to discharge the reverse burden of proving the cheque was not issued against an existing debt, as the accused did not appear as a witness or produce relevant evidence. The appellate court erred in placing the burden on the complainant. Additionally, the sentence imposed by the trial court was illegal as it did not meet the minimum punishment requirement u/s 138. The High Court allowed the revision petition, set aside the dismissal of the earlier revision, and remanded the matter to the appellate court for passing an order consistent with the law regarding the propriety of the sentence.....