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    <title>2021 (1) TMI 380 - KARNATAKA HIGH COURT</title>
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    <description>Where issuance, dishonour and statutory notice in cheque dishonour cases were proved, the statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act operated in favour of the complainant and were not rebutted on the preponderance standard. The accused&#039;s bare plea that the cheques were lost, unsupported by probable evidence and contradicted by the record, failed to displace that presumption. The challenge based on absence of a company resolution and insufficient averments under Section 141 also failed because the complaint specifically stated that the directors were in charge of and responsible for the company&#039;s affairs, and the cheques carried the company seal. The acquittal was therefore set aside and conviction directed.</description>
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    <pubDate>Mon, 04 Jan 2021 00:00:00 +0530</pubDate>
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      <title>2021 (1) TMI 380 - KARNATAKA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=402788</link>
      <description>Where issuance, dishonour and statutory notice in cheque dishonour cases were proved, the statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act operated in favour of the complainant and were not rebutted on the preponderance standard. The accused&#039;s bare plea that the cheques were lost, unsupported by probable evidence and contradicted by the record, failed to displace that presumption. The challenge based on absence of a company resolution and insufficient averments under Section 141 also failed because the complaint specifically stated that the directors were in charge of and responsible for the company&#039;s affairs, and the cheques carried the company seal. The acquittal was therefore set aside and conviction directed.</description>
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      <pubDate>Mon, 04 Jan 2021 00:00:00 +0530</pubDate>
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