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Indian Laws - Highlights / Catch Notes

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Dishonour of Cheque - validity of convicting and sentencing the ...

October 30, 2023

Case Laws     Indian Laws     HC

Dishonour of Cheque - validity of convicting and sentencing the revision petitioner - The law has crystallized that once the complainant establishes the concoction of the five ingredients under Section 138 of the N.I.Act, then the reverse onus of proof shifts to the accused to set up a probable defence. If he discharges the onus of proof and casts a doubt about the existence of a debt, then the prosecution has to fail. - HC

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