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RAKESH KAINTHLA
Budh Dev – Appellant
Versus
Parveen Sharma – Respondent
| Table of Content |
|---|
| 1. complaint dismissed is basis of appeal. (Para 1 , 2) |
| 2. accused claims cheque was for no debt. (Para 3 , 5) |
| 3. dishonour acknowledges transaction details. (Para 6) |
| 4. arguments concerning appreciation of evidence. (Para 8 , 9 , 10) |
| 5. parameters of appeal against acquittal established. (Para 12 , 14 , 18) |
| 6. presumptions in favour of cheque holder. (Para 15 , 19 , 20) |
| 7. presumption under ni act must be rebutted. (Para 16) |
| 8. accused must provide evidence to rebut. (Para 21 , 22 , 23) |
| 9. trial court's interpretation deemed flawed. (Para 24 , 25 , 47) |
| 10. legal presumption favors complainant's claim. (Para 31 , 32 , 39) |
| 11. judgment reveals burden on accused. (Para 43 , 44) |
| 12. court can overturn acquittal based on improper consideration. (Para 46) |
| 13. appeal allows conviction under section 138. (Para 49 , 50) |
JUDGMENT :
Rakesh Kainthla, J.
The present appeal is directed against the judgment dated 22.04.2009 passed by learned Judicial Magistrate, First Class, Court No.1, Amb, District Una, vide which the complaint filed by the appellant (complainant before the learned Trial Court) was dismissed and the respondent (accused before the learned Trial Court) was acquitted of the comm
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