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    <title>2017 (7) TMI 179 - DELHI HIGH COURT</title>
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    <description>Cheques issued towards repayment of an existing, legally enforceable loan liability attracted Section 138 of the Negotiable Instruments Act, 1881 because issuance, signature, timely presentation, dishonour for insufficiency of funds, statutory notice, and non-payment were established, and the drawer failed to rebut the presumption under Sections 118(a) and 139. The defence that the cheques formed only part of a settlement proposal was rejected. On sentencing, cheques dated differently were treated as giving rise to separate causes of action and distinct offences, so the direction that substantive sentences run consecutively was not interfered with; concurrent running was not directed.</description>
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    <pubDate>Mon, 03 Jul 2017 00:00:00 +0530</pubDate>
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      <title>2017 (7) TMI 179 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=345067</link>
      <description>Cheques issued towards repayment of an existing, legally enforceable loan liability attracted Section 138 of the Negotiable Instruments Act, 1881 because issuance, signature, timely presentation, dishonour for insufficiency of funds, statutory notice, and non-payment were established, and the drawer failed to rebut the presumption under Sections 118(a) and 139. The defence that the cheques formed only part of a settlement proposal was rejected. On sentencing, cheques dated differently were treated as giving rise to separate causes of action and distinct offences, so the direction that substantive sentences run consecutively was not interfered with; concurrent running was not directed.</description>
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