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Indian Laws - Highlights / Catch Notes

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Dishonor of Cheque - rebuttal of presumption - Although it is ...

Case Laws     Indian Laws

March 15, 2021

Dishonor of Cheque - rebuttal of presumption - Although it is not necessary for the accused to enter the witness box, the burden of proof is required to be discharged by adducing satisfactory evidence to prove that the cheque in question was not issued for discharge of any legally enforceable debt. Merely for the reason that he did not adduce any evidence to prove a negative fact, no adverse inference can be drawn against him. The degree of proof expected from the accused is not as rigorous as that of the complainant. - HC

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