Case Law Analysis
|Madhya Pradesh High Court
CrPC 91 & 311 | Bank Records and Complainant Recall Permitted to Rebut NI Act Section 138 Presumption: MP HC Gwalior
The Madhya Pradesh High Court held that an accused must be allowed to produce bank statements under CrPC 91 and recall the complainant under CrPC 311 to challenge the statutory presumption of debt under Section 138 of the NI Act. This ensures procedural fairness and prevents mechanical application of presumptions that undermine the right to a full defense.