Q: Write about the citation of Leena Kataria vs State & Anr on 16 January, 2020 ?

Ans: Leena Kataria vs State & Anr on 16 January, 2020

The Delhi High Court held that in conformity with this case, following the law laid down in the above mentioned judgments as well as also the law of preponderance of probability which runs common through the judgments relied upon by the accused/respondent titled as Vijay vs. Laxman & Anr: 1 (2003) BC 743 (SC); Shobha vs. Gajanan: 1 (2003) BC 101 of Hon'ble Bombay High Court; Ashok Leyland Finance Ltd vs. State of Rajasthan &Anr.: 1 (2013) BC 433 of Hon'ble Rajasthan High Court; Kanahiya Ghamandi Lai vs. Subhash: 1 (2013) BC 391 of Hon'ble Rajasthan High Court; and Sanjay Mishra vs. Ms. Kanishka Kapoor: AIR 2009 (NOC) 2327 (Bom)=2009 (4) AIR Bom R 436, the respondent has been successful in rebutting the presumptions in favour of the petitioner. Now, when accused/respondent has been successful in rebutting the presumptions U/s 118 (a) and 139 of N.I. Act, the burden shifts upon the petitioner to manifest her case beyond reasonable doubts.

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