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Dishonor of Cheque - acquittal of the accused - rebuttal of ...


Acquittal in Cheque Dishonor Cases: Rebuttal of Presumption Required, Overturn Needs Substantial Justification, Section 138 Explained.

June 9, 2021

Case Laws     Indian Laws     HC

Dishonor of Cheque - acquittal of the accused - rebuttal of presumption - It is settled that there may not be sufficient negative evidence which could be brought on record by the accused to discharge his burden. The accused need to substantiate his case based on preponderance of probabilities. In the case of acquittal, there is double presumption in favour of the accused. An order of acquittal cannot be interfered with as matter of course. An order of acquittal can only be interfered with when there are compelling and substantial reasons for doing so. - HC

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