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    <title>2015 (1) TMI 1389 - DELHI HIGH COURT</title>
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    <description>Admission of signatures on a cheque triggered the statutory presumption under Sections 118(a) and 139 of the Negotiable Instruments Act that it was issued for discharge of a legally enforceable debt or liability, and the accused failed to rebut that reverse onus on a preponderance of probabilities. The plea that the cheque was only a blank security cheque given to a chit fund was not supported by the defence evidence, no material explained how the cheque reached the complainant, and the accused did not enter the witness box. Statutory notice was also treated as duly served under Section 27 of the General Clauses Act and Section 114 of the Evidence Act, so the acquittal was set aside and conviction under Section 138 followed.</description>
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    <pubDate>Tue, 13 Jan 2015 00:00:00 +0530</pubDate>
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      <title>2015 (1) TMI 1389 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=273760</link>
      <description>Admission of signatures on a cheque triggered the statutory presumption under Sections 118(a) and 139 of the Negotiable Instruments Act that it was issued for discharge of a legally enforceable debt or liability, and the accused failed to rebut that reverse onus on a preponderance of probabilities. The plea that the cheque was only a blank security cheque given to a chit fund was not supported by the defence evidence, no material explained how the cheque reached the complainant, and the accused did not enter the witness box. Statutory notice was also treated as duly served under Section 27 of the General Clauses Act and Section 114 of the Evidence Act, so the acquittal was set aside and conviction under Section 138 followed.</description>
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