Not Proper To Shift Burden On Complainant To Prove NI Act Case Beyond ‘Reasonable Doubt’ When Accused Didn’t Respond To Statutory Notice: Gujarat High Court
1 year, 10 months ago

Not Proper To Shift Burden On Complainant To Prove NI Act Case Beyond ‘Reasonable Doubt’ When Accused Didn’t Respond To Statutory Notice: Gujarat High Court

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While allowing a leave to appeal against acquittal in a criminal case under Section 138 of the N.I. Act, the Gujarat High Court said the Magistrate's approach in shifting the burden upon the complainant to prove his case beyond reasonable doubt was not proper “when the accused has chosen not to question the financial capacity of complainant at very first instance by not replying to the statutory notice.” “The statutory presumption drawn under Section 139 of the N.I. Advocate Anik E. Shaikh, appearing for the Original Complainant, argued that the trial court failed to appreciate the facts of the case and the applicable law on the same. While relying on the promissory notes executed by the respondent, Shaikh submitted that the respondents had approached the complainant seeking financial help for running their business, and they had assured him to make good the payment. In such circumstances, the trial court had failed to appreciate that the reverse onus clause had become operative, and the obligation had shifted upon the accused to discharge the presumption imposed upon him, he said.

History of this topic

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