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Indian Laws - Highlights / Catch Notes

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Dishonour of Cheque - Supreme Court held that, the presumptions ...


Presumptions in Cheque Dishonor Cases Favor Complainant; Accused Must Present Evidence, Court Not Obliged to Assist.

February 1, 2024

Case Laws     Indian Laws     SC

Dishonour of Cheque - Supreme Court held that, the presumptions under the NI Act albeit rebuttable operate in favour of the complainant. Hence, it is for the accused to rebut such presumptions by leading appropriate defence evidence and the Court cannot be expected to assist the accused to collect evidence on his behalf. - Further, there was no requirement for the appellate Court to have exercised power under Section 391 CrPC for summoning the official from the Post Office and had rightly rejected the application under Section 391 CrPC.

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