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Indian Laws - Highlights / Catch Notes

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The High Court analyzed evidence in a case involving dishonored ...


Court held that if trial court's view is just & reasonable, High Court cannot interfere with acquittal. Presumption u/s 139 must be rebutted.

Case Laws     Indian Laws

June 17, 2024

The High Court analyzed evidence in a case involving dishonored cheques. The court emphasized the need to rebut the presumption u/s 139 of the Negotiable Instruments Act. The petitioner failed to prove the origin of the loan amount and the purpose of issuing the cheques. The respondent successfully demonstrated that the cheques were not for a legally enforceable debt. As a result, the petitioner's appeal was deemed futile, and the court upheld the lower court's decision, dismissing the petition. The High Court clarified its authority to reevaluate evidence but stressed the need for a justifiable basis for interference with trial court decisions.

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