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jayanta kalita (advocate)     13 October 2009

burden of proof u/s 138 NI Act

Please give Supreme Court  judgement on the following- (1) Whether the accused is required to prove his iinnocence by adducing evidence in a cse u/s 138 NI Act beyond reasonable doubt or by preponderance of evidence like any other criminal case? Please give Supreme Court judgement. (2) While a document is inadmissible in  a civil case due to procedural defect or for other reasons, it may be admissible in criminal case, coz FACTS CAN NOT BE DENIED IN CRIMINAL CASE. Please give Supreme Court ruling. (3)The cheque is given under security or imposing condition does not come in the purview of 138 N.I.Act.-- Please give Supreme Court ruling.

 

 



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 1 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     13 October 2009

Dear Jayata,

Against First requirement, accused is required to prove his iinnocence by adducing evidence in a cse u/s 138 NI Act ,  Kindly go hrough this:

T.Nagappa v. Y.R.Muralidhar (2008 (2) Crimes 219 (SC))
 https://indiankanoon.org/doc/1006308/

 

 


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