Dishonour of Cheque -- Financial Incapacity of Complainant -- Defence must be raised in reply to demand notice
(i) Negotiable Instruments Act, 1881, S.138 -- Dishonour of Cheque -- Financial Incapacity of Complainant -- Defence must be raised in reply to demand notice by the accused and cannot be introduced for the first time during trial. Failure to respond to notice gives rise to an inference favouring the version of complainant. Complainant is not required to lead evidence of financial capacity unless such plea is specifically taken by accused. (ii) Negotiable Instruments Act, 1881, Ss.118, 139 -- Dishonour of Cheque -- Signature Admitted on Cheque -- Presumption of existence of legally enforceable debt arises once signature on cheque stands admitted. Burden shifts to accused to rebut such presumption through independent evidence, documentary material, or effective cross-examination of complainant. (iii) Code of Criminal Procedure, 1973, S.397 -- Revisional Jurisdiction -- Concurrent Findings of Guilt -- Re-appreciation of evidence and substitution of a different view is impermissible where trial court and appellate court have returned concurrent findings of guilt, absent perversity or miscarriage of justice.
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