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    <title>2017 (6) TMI 652 - DELHI HIGH COURT</title>
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    <description>Where execution of the cheque and the complainant&#039;s status as payee were admitted, the statutory presumptions under the Negotiable Instruments Act arose that the cheque was issued for consideration and towards a legally enforceable debt or liability. The accused had to rebut those presumptions by raising a probable defence on a preponderance of probabilities, but a bare denial, an unsupported plea of a smaller loan, or a challenge to the complainant&#039;s financial capacity was insufficient. As the accused led no evidence and failed to substantiate the cheque being blank or limited to a smaller amount, the presumptions remained unrebutted and the acquittal under dishonour of cheque provisions was unsustainable.</description>
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      <link>https://www.taxtmi.com/caselaws?id=344381</link>
      <description>Where execution of the cheque and the complainant&#039;s status as payee were admitted, the statutory presumptions under the Negotiable Instruments Act arose that the cheque was issued for consideration and towards a legally enforceable debt or liability. The accused had to rebut those presumptions by raising a probable defence on a preponderance of probabilities, but a bare denial, an unsupported plea of a smaller loan, or a challenge to the complainant&#039;s financial capacity was insufficient. As the accused led no evidence and failed to substantiate the cheque being blank or limited to a smaller amount, the presumptions remained unrebutted and the acquittal under dishonour of cheque provisions was unsustainable.</description>
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