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    <title>2021 (4) TMI 36 - KERALA HIGH COURT</title>
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    <description>Execution of a cheque triggers presumptions of consideration and legally enforceable liability under Sections 118(a) and 139 of the Negotiable Instruments Act. A bare assertion that the cheque was issued as security, unsupported by evidence, does not rebut those presumptions. Failure to reply to the statutory notice and surrounding circumstances may support the complainant&#039;s proof where the defence of discharge remains unsubstantiated. On the stated facts, the acquittal for cheque dishonour was treated as unsustainable, conviction was restored, and the sentence was modified to a fine with default imprisonment.</description>
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    <pubDate>Mon, 29 Mar 2021 00:00:00 +0530</pubDate>
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      <description>Execution of a cheque triggers presumptions of consideration and legally enforceable liability under Sections 118(a) and 139 of the Negotiable Instruments Act. A bare assertion that the cheque was issued as security, unsupported by evidence, does not rebut those presumptions. Failure to reply to the statutory notice and surrounding circumstances may support the complainant&#039;s proof where the defence of discharge remains unsubstantiated. On the stated facts, the acquittal for cheque dishonour was treated as unsustainable, conviction was restored, and the sentence was modified to a fine with default imprisonment.</description>
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      <pubDate>Mon, 29 Mar 2021 00:00:00 +0530</pubDate>
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