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    <title>2021 (4) TMI 748 - KERALA HIGH COURT</title>
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    <description>Once issuance or execution of a cheque is admitted or proved, the presumptions under Sections 118 and 139 of the Negotiable Instruments Act arise in favour of the complainant. A voluntarily issued signed blank cheque does not become unenforceable merely because particulars were filled in later, and liability is avoided only if the accused rebuts the presumptions with credible evidence. Here, the admitted chitty transaction, the cheque, the ledger extract, and the absence of proof of total discharge or supporting documents were sufficient to show that the presumptions were not rebutted. The acquittal under Section 138 was therefore reversed, and conviction with sentence of fine as compensation was sustained.</description>
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    <pubDate>Thu, 08 Apr 2021 00:00:00 +0530</pubDate>
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      <title>2021 (4) TMI 748 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=406632</link>
      <description>Once issuance or execution of a cheque is admitted or proved, the presumptions under Sections 118 and 139 of the Negotiable Instruments Act arise in favour of the complainant. A voluntarily issued signed blank cheque does not become unenforceable merely because particulars were filled in later, and liability is avoided only if the accused rebuts the presumptions with credible evidence. Here, the admitted chitty transaction, the cheque, the ledger extract, and the absence of proof of total discharge or supporting documents were sufficient to show that the presumptions were not rebutted. The acquittal under Section 138 was therefore reversed, and conviction with sentence of fine as compensation was sustained.</description>
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      <pubDate>Thu, 08 Apr 2021 00:00:00 +0530</pubDate>
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