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        Case ID :
        Indian Laws

        HC upheld concurrent conviction of accused under S.138 NI Act...

        Limited revisional scope, NI Act S.138 conviction upheld on presumptions under Ss.118(a), 139 and failure to rebut

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                HC upheld concurrent conviction of accused under S.138 NI Act and dismissal of revision. It reiterated that revisional jurisdiction is limited to correcting patent defects or jurisdictional errors and does not permit reappreciation of evidence absent perversity. As issuance and signatures on the cheque were undisputed, statutory presumptions under Ss.118(a) and 139 arose that it was issued towards a legally enforceable debt. The accused failed to adduce credible evidence of repayment or misuse of the cheque to rebut the presumption. Notice was held to be deemed served, and dishonour for "insufficient funds" stood proved. The sentence, including default imprisonment for non-payment of compensation, was found legally sustainable.
                                Note: It is a system-generated summary and is for quick reference only.
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