<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2020 (3) TMI 519 - KERALA HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=393375</link>
    <description>In a prosecution under Section 138 of the Negotiable Instruments Act, the cheque dishonour, timely statutory notice, and non-compliance with the notice requirements satisfied the ingredients of the offence. The statutory presumptions under Sections 118 and 139 operated in favour of the cheque holder, and a bare defence that the cheque had been signed blank and later filled up did not rebut them. The conviction was therefore sustained. On sentence, the custodial term was found unnecessary in the circumstances, and the punitive part was modified into a fine with default imprisonment, with the amount directed to be paid as compensation to the complainant.</description>
    <language>en-us</language>
    <pubDate>Fri, 06 Mar 2020 00:00:00 +0530</pubDate>
    <lastBuildDate>Sat, 14 Mar 2020 11:31:10 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=606805" rel="self" type="application/rss+xml"/>
    <item>
      <title>2020 (3) TMI 519 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=393375</link>
      <description>In a prosecution under Section 138 of the Negotiable Instruments Act, the cheque dishonour, timely statutory notice, and non-compliance with the notice requirements satisfied the ingredients of the offence. The statutory presumptions under Sections 118 and 139 operated in favour of the cheque holder, and a bare defence that the cheque had been signed blank and later filled up did not rebut them. The conviction was therefore sustained. On sentence, the custodial term was found unnecessary in the circumstances, and the punitive part was modified into a fine with default imprisonment, with the amount directed to be paid as compensation to the complainant.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Fri, 06 Mar 2020 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=393375</guid>
    </item>
  </channel>
</rss>