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    <title>2020 (11) TMI 503 - KERALA HIGH COURT</title>
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    <description>Admitted execution of the cheques attracted the presumptions under Sections 118 and 139 of the Negotiable Instruments Act, 1881, and the accused failed to rebut them with a probable defence; the conviction under Section 138 was therefore sustained. The plea based on agency and Section 230 of the Indian Contract Act, 1872 was rejected on the facts because the cheques were issued in favour of the complainant and no perverse finding was shown in the lower courts. The sentence was otherwise maintained, but the compensation was rationalised so that the amount recoverable matched the cheque amount covered by the transaction.</description>
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      <description>Admitted execution of the cheques attracted the presumptions under Sections 118 and 139 of the Negotiable Instruments Act, 1881, and the accused failed to rebut them with a probable defence; the conviction under Section 138 was therefore sustained. The plea based on agency and Section 230 of the Indian Contract Act, 1872 was rejected on the facts because the cheques were issued in favour of the complainant and no perverse finding was shown in the lower courts. The sentence was otherwise maintained, but the compensation was rationalised so that the amount recoverable matched the cheque amount covered by the transaction.</description>
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