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    <title>2020 (10) TMI 726 - KERALA HIGH COURT</title>
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    <description>Where execution of a cheque is proved, the presumptions under Sections 118 and 139 of the Negotiable Instruments Act operate in favour of the complainant, and the accused must rebut them with probable and cogent evidence showing absence of debt or liability. The text further notes that dishonour for insufficiency of funds, service of statutory notice, and non-payment within time satisfied the ingredients of Section 138, and that concurrent findings were not disturbed in revision absent perversity. It also records that the sentence was modified on account of the accused&#039;s age and surrounding circumstances, with imprisonment replaced by a fine, default imprisonment, and compensation.</description>
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      <title>2020 (10) TMI 726 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=399752</link>
      <description>Where execution of a cheque is proved, the presumptions under Sections 118 and 139 of the Negotiable Instruments Act operate in favour of the complainant, and the accused must rebut them with probable and cogent evidence showing absence of debt or liability. The text further notes that dishonour for insufficiency of funds, service of statutory notice, and non-payment within time satisfied the ingredients of Section 138, and that concurrent findings were not disturbed in revision absent perversity. It also records that the sentence was modified on account of the accused&#039;s age and surrounding circumstances, with imprisonment replaced by a fine, default imprisonment, and compensation.</description>
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