WELCOME TO LEGAL WORLD

WELCOME TO LEGAL WORLD

Monday, October 18, 2010

CHEQUE BOUNCE -BURDEN OF PROOF


2009 A.L.D. [1] CRIMINAL S.C. 468. : SEC.118 AND 139 PRESUMPTIONS ONCE THE EXECUTION OF CHEQUE BY ACCUSED IS PROVED BY THE COMPLAINANT, THE PRESUMPTIONS WOULD SHIFT BURDEN ON THE ACCUSED. THEN THE ACCUSED HAS TO PROVE THE NON PASSING OF CONSIDERATION BY RELYING ON THE WEAKNESS OF THE COMPLAINANT AND BY RELYING ON THE PROVISIONS OF SEC.114 OF EVIDENCE ACT AND ALL OTHER MODES HAS TO REBUT THE EVIDENCE OF THE COMPLAINANT, THEN THE PRESUMPTIONS UNDER THE ABOVE SECTION DOESNOT COME TO AID OF THE COMPLAINANT AND COMPLAINANT HAS TO POSITIVELY PROVE THE PASSING OF CONSIDERATION . WHEN THE COMPLAINANT CLEARLY STATED THAT FOR SUPPLY OF WOOLEN CARPETS, THE ACCUSED ISSUED TWO CHEQUES, WAS NOT PROVED BY THE COMPLAINANT AND ON THE OTHER HAND BY EXAMINING SALES TAX OFFICER ETC., THE ACCUSED DISPROVED THE SUPPLY OF WOOLEN CARPETS TO THE ACCUSED ON THE ALLEGED DAY. THE DEFENCE THAT THE CHEQUES WERE ISSUED AS ADVANCE IS PROBABLE – HENCE THE ACCUSED IS ENTITLED FOR ACQUITAL.


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