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HC dismissed the petition and upheld conviction/order under the Negotiable Instruments regime. The court found the signature on the disputed cheques admitted and noted absence of requisite payee details on the cheques' reverse. Consequently statutory presumptions under S.118 and S.139 of the NI Act arose and, on assessment of the totality of evidence - including alleged cancellation letters and stop-payment requests - the petitioners failed to discharge the evidential burden to rebut those presumptions. The HC held the cheques were not shown to be mere advance payments immune from the presumptions and therefore refused relief to the petitioners, dismissing the petition.
HC dismissed the petition and upheld conviction/order under the Negotiable Instruments regime. The court found the signature on the disputed cheques admitted and noted absence of requisite payee details on the cheques' reverse. Consequently statutory presumptions under S.118 and S.139 of the NI Act arose and, on assessment of the totality of evidence - including alleged cancellation letters and stop-payment requests - the petitioners failed to discharge the evidential burden to rebut those presumptions. The HC held the cheques were not shown to be mere advance payments immune from the presumptions and therefore refused relief to the petitioners, dismissing the petition.
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