The High Court reviewed an application in a cheque dispute where the accused admitted the signature but the trial court allegedly erred by shifting the burden of proof. The bench found a prima facie case and granted leave to admit the appeal.
Leave granted to admit the appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.OP.No.19283 of 2021 in Crl.A.SR.No.31410 of 2021
A.D.JAGADISH CHANDIRA, J.
The learned counsel for the appellant would submit that the accused had categorically admitted his signature in the cheque, whereas the trial Court shifted the burden on the petitioner/complainant and rendered a erroneous order stating that the petitioner has failed to prove his financial status. Having heard the counsel and perused the materials available on record, this Court is of the opinion that a prima facie case is made out for grant of leave. Leave granted.
10.11.2021.
tsh
Note : Registry to number the appeal, if it is otherwise in order and list the same for admission.
1 issue framed by the court
Whether leave to appeal should be granted if the accused admitted the signature and the trial court shifted the burden on the complainant regarding financial status.
1 provisions across 1 enactments
Petitioner
Accused
A.D.JAGADISH CHANDIRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
