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DEEPAK GUPTA
Girraj Sharma – Appellant
Versus
Devender – Respondent
| Table of Content |
|---|
| 1. overview of the case and initial facts (Para 1 , 3 , 6 , 8) |
| 2. the role of legal notice and elements of acquittal. (Para 10 , 11) |
| 3. arguments against appellate court's decision (Para 12 , 18) |
| 4. emphasis on the applicability of statutory presumptions. (Para 16) |
| 5. legal presumption under negotiable instruments (Para 19 , 20 , 21 , 22 , 23 , 38) |
| 6. rebuttal of presumption by the accused (Para 24 , 25 , 34) |
| 7. rebuttal of presumptions requires probabilistic evidence. (Para 26 , 36) |
| 8. restoration of the trial court's judgment and implications (Para 39 , 41 , 42 , 43 , 44) |
| 9. restoration of conviction through evidence assessment. (Para 40) |
Judgment
Mr. Deepak Gupta, J.
Petitioner is aggrieved by the judgment dated 26.02.2016 passed in Criminal Appeal N: 62 of 2015 titled ‘Devender vs. Girraj Sharma’ by ld. Additional Sessions Judge, Faridabad, acquitting the respondent from the charges under Section 138 of the Negotiable Instruments Act, 1881 [for short ‘the NI Act’], by reversing the judgment of conviction, recorded in Complaint Case N: RBT 1429 of 2009 titled ‘Girraj Sharma vs. Devender’ by the Court of ld. Judicial Magistrate 1st Class.
2. In order to avoid confusion, part
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