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HC adjudicated a cheque dishonour case under Negotiable Instruments Act. The accused issued a cheque for legally enforceable debt, which was subsequently dishonoured due to insufficient funds. The memo of dishonour under Section 146 NI Act carried presumptive correctness, and the accused failed to rebut this presumption. All ingredients of Section 138 NI Act were satisfied, establishing the accused's liability. The HC modified the trial court's judgment, reducing the sentence from two years to six months and default sentence from one year to three months. The appeal was partially allowed, affirming the conviction while mitigating the punishment.
HC adjudicated a cheque dishonour case under Negotiable Instruments Act. The accused issued a cheque for legally enforceable debt, which was subsequently dishonoured due to insufficient funds. The memo of dishonour under Section 146 NI Act carried presumptive correctness, and the accused failed to rebut this presumption. All ingredients of Section 138 NI Act were satisfied, establishing the accused's liability. The HC modified the trial court's judgment, reducing the sentence from two years to six months and default sentence from one year to three months. The appeal was partially allowed, affirming the conviction while mitigating the punishment.
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