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Indian Laws - Highlights / Catch Notes

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Dishonor of cheque - insufficiency of funds - discharge of legal ...


Acquittal in Cheque Dishonor Cases: High Threshold for Appellate Reversal Requires Compelling, Exceptional Reasons to Overturn Decision.

December 17, 2021

Case Laws     Indian Laws     HC

Dishonor of cheque - insufficiency of funds - discharge of legal liability or not - 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. Only in exceptional cases where there are compelling circumstances and the judgment in appeal is found to be perverse, the appellate court can interfere with the order of acquittal. - HC

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