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    <title>2020 (3) TMI 985 - MADRAS HIGH COURT</title>
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    <description>A conviction for cheque dishonour under Section 138 of the Negotiable Instruments Act was sustained because statutory notice was treated as duly served when sent to the correct address and the postal endorsement showed intimation had been left, bringing service within the General Clauses Act. The complainant&#039;s witness was found competent because he acted under a power of attorney and was also the manager familiar with the transactions, so his evidence was admissible and reliable. The accused admitted issuance of the cheque but failed to give a satisfactory explanation under Section 313 CrPC, leaving the presumptions under Sections 118 and 139 unrebutted. The HC held that revision could not be used to reappreciate concurrent findings absent jurisdictional error, and the conviction and sentence were upheld.</description>
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    <pubDate>Fri, 07 Feb 2020 00:00:00 +0530</pubDate>
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      <title>2020 (3) TMI 985 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=393841</link>
      <description>A conviction for cheque dishonour under Section 138 of the Negotiable Instruments Act was sustained because statutory notice was treated as duly served when sent to the correct address and the postal endorsement showed intimation had been left, bringing service within the General Clauses Act. The complainant&#039;s witness was found competent because he acted under a power of attorney and was also the manager familiar with the transactions, so his evidence was admissible and reliable. The accused admitted issuance of the cheque but failed to give a satisfactory explanation under Section 313 CrPC, leaving the presumptions under Sections 118 and 139 unrebutted. The HC held that revision could not be used to reappreciate concurrent findings absent jurisdictional error, and the conviction and sentence were upheld.</description>
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      <pubDate>Fri, 07 Feb 2020 00:00:00 +0530</pubDate>
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