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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V.PINTO
Sanjay Rasiklal Dave – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. summary of facts leading to the case. (Para 1 , 2) |
| 2. arguments from both parties regarding the trial court's decision. (Para 3 , 5 , 6) |
| 3. court's observations on evidence and established legal principles. (Para 7 , 8 , 9) |
| 4. assessment of evidence leading to the acquittal decision. (Para 10) |
| 5. conclusion dismissing the leave for appeal. (Para 11 , 12 , 13) |
ORDER :
S.V. PINTO, J.
1. The present application is filed by the applicant – original complainant under Section 378(4) of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) seeking leave to file an appeal against the judgment and order dated 20.07.2023 passed by the learned 3rd Additional Chief Judicial Magistrate, Porbandar (hereinafter referred to as the “learned Trial Court”) in Criminal Case No. 5622 of 2022, whereby the respondent No. 2 - original accused came to be acquitted from the offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the N I Act”).
1.1 The respondent No. 2 is hereinafter referred to as “the accused” as he stood in the original case for the sake of convenience, clarity and brevity.
2. The brief facts culled out from the memo of the present app
The presumption under Section 139 of the Negotiable Instruments Act is rebuttable; the complainant must establish the existence of a legally enforceable debt to succeed in a claim under Section 138.
The presumption under Section 139 of the Negotiable Instruments Act is rebuttable, requiring the applicant to prove the existence of a legally enforceable debt, which was not demonstrated in this cas....
In cheque dishonor cases, the presumption under Section 139 of the NI Act is rebuttable; the accused can establish a defense based on preponderance of probabilities.
The presumption under Section 139 of the Negotiable Instruments Act is rebuttable, and the burden lies on the accused to raise a probable defence, which was successfully established in this case.
The presumption under Section 139 of the NI Act establishes that a cheque is issued for a legally enforceable debt, placing the burden on the accused to rebut this presumption with a probable defense....
The presumption under Section 139 of the NI Act is rebuttable, and the burden of proof lies on the accused to establish a probable defense against the existence of a legally enforceable debt.
The presumption under Section 139 of the Negotiable Instruments Act is mandatory, placing the burden on the accused to rebut the existence of a legally enforceable debt.
The presumption under Section 139 of the Negotiable Instruments Act is rebuttable, and the accused must raise a probable defense to contest the existence of a legally enforceable debt.
The presumption of debt under Section 139 of the NI Act is rebuttable, requiring only a probable defense from the accused, not proof beyond reasonable doubt.
The presumption of a legally enforceable debt under Section 139 of the NI Act is rebuttable, and the burden lies on the accused to raise a probable defence.
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