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Admitted execution of a cheque triggers presumptions of consideration and legally enforceable liability; the drawer must rebut them through a probable defence on a preponderance of probabilities. Inconsistent claims that the cheque was lost or stolen, unsupported challenges to the payee's financial capacity, and non-disclosure of a cash loan in accounts or income-tax returns did not displace that presumption. Bank evidence showing credit to the named payee and a signed return memo established presentation and dishonour, notwithstanding alleged deposit through the payee's firm. "Refer to drawer" falls within dishonour for insufficiency of funds. Revisional jurisdiction does not permit reappreciation of evidence absent perversity, so the concurrent conviction remained undisturbed.
Admitted execution of a cheque triggers presumptions of consideration and legally enforceable liability; the drawer must rebut them through a probable defence on a preponderance of probabilities. Inconsistent claims that the cheque was lost or stolen, unsupported challenges to the payee's financial capacity, and non-disclosure of a cash loan in accounts or income-tax returns did not displace that presumption. Bank evidence showing credit to the named payee and a signed return memo established presentation and dishonour, notwithstanding alleged deposit through the payee's firm. "Refer to drawer" falls within dishonour for insufficiency of funds. Revisional jurisdiction does not permit reappreciation of evidence absent perversity, so the concurrent conviction remained undisturbed.
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