Trial Court acquitted the accused and based its judgment only on the assumption that there were contradictions in the notice and what was stated in the Court – Trial Court had focused entirely on the notice without considering the facts, the pleadings and the material and the admission made by the accused – Held, there is no requirement that all the facts were to be mentioned in the notice, the true spirit behind has to be gathered -- Onus had shifted upon the accused and he was to explain why he made the cheque.

(P&H HC) Decided on: 21.12.2015