
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
Live LawWhile 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

If Alleged Acts Constitute An Offence, Denying Criminal Action Solely Due To Pursuit Of Civil Remedy Would Be 'Travesty Of Justice': Kerala HC
Live Law
NI Act Allows Filing Of Cheque Dishonour Complaint At Place Of Payee Bank; Accused Can't Seek Transfer Citing Inconvenience: Supreme Court
Live Law
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MV Act | Tribunal's Approach Insensitive, Found Small Inconsistencies To Throw Out Claim: Gujarat HC Quashes Order Rejecting Compensation
Live Law
Criminal Liability For Cheque Dishonour Primarily On Drawer Company, Officers Are Held Liable Only If Section 141 Is Satisfied: Gujarat HC
Live Law
Magistrate Has Discretion To Record Statement U/S 313 CrPC If Accused Has Not Examined Or Cross-Examined Witnesses: Karnataka High Court
Live Law
Court Was Misled, Correct Facts Weren't Shown By Neither Litigant Nor State's Counsel: Gujarat HC Shocked At Incorrect Dept Added As Party
Live Law
Trial Court Should Avoid Giving Observations On Merits Of Case At Stage Of Interim Application: Jammu & Kashmir And Ladakh High Court
Live Law
Accused In Cheque Bounce Cases Should Not Be Equated With Those Convicted Under Other Penal Statutes: Karnataka High Court
Live Law
Section 138 Of NI Act Warrants Strict Construction, Compliance With Proviso Clauses Is A Precondition Before Prosecution: J&K High Court
Live Law
Section 143A NI Act | Interim Compensation To Complainant In Cheque Bounce Case Introduced In 2018 Amendment Is Prospective: Rajasthan HC
Live Law
Cheque Dishonour: Rajasthan High Court Sets Aside Conviction After Compromise, But Imposes 15% Cost On Drawer Citing Failed Appeal
Live Law
S.142 NI Act | Improper To Dismiss/Quash Cheque Dishonour Complaint Of Company At Threshold On Question Of Authorisation : Supreme Court
Live Law
S. 138 NI Act | Complainant Can't Be Left Remediless Merely Because He Filed 'Premature' Complaint For Cheque Dishonour: Rajasthan HC
Live Law
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Live Law
Supreme Court Yearly Digest 2024: Negotiable Instruments Act, 1881
Live Law
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Live Law
Seriously Disputed Facts, Like A Maze: Karnataka HC Refuses To Quash Cheating Case Against Two Booked For Defrauding Amazon Of Rs 70 Lakh
Live Law
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Live Law
Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC
Live Law
Cognizance Of Cheque Dishonour U/S 138 NI Act Can Be Taken Only Upon A Written Complaint: Jharkhand High Court Reiterates
Live Law
Writ Courts Shall Not Act As Court Of Appeal Against Decision Of Lower Court Or Tribunals To Correct Errors Of Fact: Bombay High Court
Live Law
Sworn Affidavit Compulsory Along With Private Complaint: Karnataka High Court Reiterates
Live Law
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Live Law
Complainant's Burden Shifting Under Section 139 of the Negotiable Instruments Act: High Court Observation
Live Law
High Court Rejects Plea to Dismiss Cheque Bounce Complaint
Live Law
Negotiable Instruments Act | Court Can Compound Offences U/S 147 Even After Conviction: Himachal Pradesh High Court
Live Law
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Live Law
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Live Law
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Live Law
Litigants Keeping Disputes Alive For Malafide Reasons Has Tendency Of Keeping Courts' Docket Heavy: Delhi High Court
Live Law
S.138 NI Act - Cheque Dishonour Complaint Can't Be Transferred At The Instance Of Accused : Supreme Court
Live Law
Cheques Dishonored With Endorsements 'Insufficient Fund', 'Account Closed', 'Signature Mismatch' Attract S. 138 NI Act: Allahabad HC
Live Law
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Live Law
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Live Law
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Live Law
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Live Law
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Live Law
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Live Law
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Live Law
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Live Law
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Live Law
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Live Law
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Live Law
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