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    <title>2021 (2) TMI 505 - Supreme Court</title>
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    <description>Admission of signatures on a cheque and accompanying undertaking attracted the statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act, 1881, shifting the burden to the accused to rebut a legally enforceable liability by a probable defence on a preponderance of probability. The defence that blank cheque leaves and signed stamp papers were misused did not displace those presumptions or undermine the debt liability. The trial court had failed to apply the reverse onus rule, and the High Court was justified in reversing the acquittal and convicting the appellants. The conviction was upheld.</description>
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    <pubDate>Wed, 10 Feb 2021 00:00:00 +0530</pubDate>
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      <title>2021 (2) TMI 505 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=404013</link>
      <description>Admission of signatures on a cheque and accompanying undertaking attracted the statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act, 1881, shifting the burden to the accused to rebut a legally enforceable liability by a probable defence on a preponderance of probability. The defence that blank cheque leaves and signed stamp papers were misused did not displace those presumptions or undermine the debt liability. The trial court had failed to apply the reverse onus rule, and the High Court was justified in reversing the acquittal and convicting the appellants. The conviction was upheld.</description>
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      <pubDate>Wed, 10 Feb 2021 00:00:00 +0530</pubDate>
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