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(1) KERALA
Burden to prove

(A) Negotiable Instruments Act, 1881, Section 138, 139 and 118— Criminal Procedure Code, 1973, Sections 401 and 397—Cheque dishonour—Burden to prove—The burden is not discharged rightly— the trial court and the appellate court rightly held that the burden was on the accused to disprove the initial presumption u/s 118 and 139 of the NI Act—The sentence is modified—Revision is partly allowed. (Para 13) (B) Negotiable Instruments Act, 1881, Sections 138, 139 and 118— Cheque dishonour—Presumption under—Held, Section 118 of the NI Act provides presumptions to be raised until the contrary is proved, (i) as to consideration, (ii) as to date of instrument,(iii) as to time of acceptance, (iv) as to time of transfer, (v) as to order of indorsements, (vi) as to approp...

Revision partly allowed
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