Supreme Court observed:
"11... Though the evidential burden is initially
placed on the defendant by virtue of S.118 it can be
rebutted ... presumption 'disappears'. For the purpose of
rebutting the initial evidential burden, the
defendant can rely on direct evidence or
circumstantial evidence
Cbi vs Sarup Singh on 25 March, 2013
IN THE COURT OF DINESH KUMAR SHARMA
words :
"The effect of these presumptions is to place the evidential burden on
the accused of proving that the cheque was not received
circumstantial
evidence and if the circumstances so relied upon are compelling, the burden
may likewise shift again on to the complainant. The accused may also ... circumstances of
the case and the preponderance of probabilities, the evidential burden shifts
back to the complainant and, thereafter, the presumptions under Sections
Cbi vs . Virendra Singh & Anr. Page No.1 Of 195 on 30 April, 2013
words :
"The effect of these presumptions is to place the evidential burden on the
accused of proving that the cheque was not received
words :
"The effect of these presumptions is to place the evidential burden on the
accused of proving that the cheque was not received
words :
"The effect of these presumptions is to place the evidential burden on
the accused of proving that the cheque was not received
circumstances of the case and the preponderance of
probabilities, the evidential burden shifts back to the
complainant and, thereafter, the presumptions under
Sections
circumstances of the case and the preponderance of
probabilities, the evidential burden shifts back to the
complainant and, thereafter, the presumptions under
Sections
