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    <title>2018 (8) TMI 1234 - MADRAS HIGH COURT</title>
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    <description>The statutory presumption under Section 139 of the Negotiable Instruments Act was rebutted on a preponderance of probabilities where the complainant&#039;s evidence was materially infirm, including the absence of account books for the alleged loan and an admission that cheques and promissory notes were taken as security in chit business. The accused supported the defence with documents showing a chit transaction, evidence of misuse of signed blank instruments, and a contemporaneous police complaint about missing cheque leaves. On that material, the complainant failed to prove that the cheque was issued towards a legally enforceable debt, and the acquittal was upheld.</description>
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      <description>The statutory presumption under Section 139 of the Negotiable Instruments Act was rebutted on a preponderance of probabilities where the complainant&#039;s evidence was materially infirm, including the absence of account books for the alleged loan and an admission that cheques and promissory notes were taken as security in chit business. The accused supported the defence with documents showing a chit transaction, evidence of misuse of signed blank instruments, and a contemporaneous police complaint about missing cheque leaves. On that material, the complainant failed to prove that the cheque was issued towards a legally enforceable debt, and the acquittal was upheld.</description>
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