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pravin jain (proprietor)     16 September 2009

How presumption can be rebutted sec. 138/ 139 of N.I. Act

Complainant is a private limited company , paid professional fees to C.A.  they have understanding that he will also join the project as promoter  till  company start commercial production work as consultant.As they  mutually agreed C.A. issued the cheques to the company  for the amount received in fee.

Due to some reasons director was not interested to compete the project.And among them dipute arises. Company deposited the cheques , cheque dishonoured, suit filed u/s 138, CASE AT EVIDANCE STAGE  the C.A. asked the company to produce MOU  account books , share application Form and all other documents . Director of the company refuesed to produced the same. Application under sec. 91 of Cr.P.C. rejected by the court  stating that  which is not in possession of the complainant  can not be asked to produce.

Now how the presumption can be rebutted by adducing evidence and the burden of proof is on the C. A who wants to rebut the presumption. Which he can prove with the help of books , vouchers and other documents  which  are in the possession of the company.

NOW WHAT ACCUSED HAS TO DO ?



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 1 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     19 September 2009

Complainant is a private limited company, How a petition U/S 91 dismissed,approch the HC under CrPC 482.


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