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Shri Arvind Kumar vs . M/S P. Aryan Art Gallery Pvt. Ltd. on 23 March, 2023 cites

K.N. Beena vs Muniyappan And Another on 18 October, 2001

In the written submissions filed by the complainant , the complainant has relied on judgment of Hon'ble Supreme Court in K.N. Beena Vs. Muniyappan & Anr(2001) 8 SCC 458 and the judgment of Hon'ble Delhi High Court in V.S. Yadav Vs. Reena 172(2010) DLT 561 wherein it has been succinctly held that that mere denial or rebuttal by the accused in reply to legal demand notice is not enough and the accused has to prove by cogent evidence that there was no debt or liablility. Also, the accused has to prove by cogent evi- dence the circumstances under which the cheque was issued. In the present case, the defence of the accused, that the CC No.34249/2019 Shri Arvind Kumar Vs. M/S P. Aryan Art Gallery Pvt. Ltd. Page 20 of 26 cheques were issued towards the proposed loan ipso facto does not by itself rebut the presumption.
Supreme Court of India Cites 4 - Cited by 1424 - S N Variava - Full Document
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