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As per case facts, the complainant, a medical practitioner, alleged that the accused, also doctors, borrowed money for their hospital development and issued a post-dated cheque which was subsequently dishonored
...due to "payment stopped by drawer." After legal notice and reply, the complainant filed a case under the Negotiable Instruments Act. The accused denied the debt, claiming the cheque was a blank signed security for an IMA building purchase, later misused by the complainant after their relationship strained. The question arose whether the trial court's judgment of acquittal, based on the accused successfully rebutting the statutory presumption of debt, should be set aside. Finally, the High Court confirmed the acquittal, finding that the accused presented a probable defense, thereby shifting the burden to the complainant, who then failed to prove the existence of a legally enforceable debt or liability.
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