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P. Rasiya vs. Abdul Nazer & Anr. (SC)

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Negotiable Instruments Act, 1881–Sec. 138–Conviction–Reversed in revision–Justification–Once the initial burden is discharged by the complainant that the cheque was issued by the accused and the signatures and the issuance of the cheque is not disputed by the accused, the onus will shift upon the accused to prove the contrary that the cheque was not for any debt or other liability–This aspect was not considered by the High Court–High Court was not justified in acquitting the accused on the ground that the complainant has not specifically stated the nature of transactions and the source of fund, that too in revisional jurisdiction.