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    <title>2010 (3) TMI 1260 - BOMBAY HIGH COURT</title>
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    <description>In a prosecution for cheque dishonour, once the drawer admits the cheque and signature, the Court must presume under the Negotiable Instruments Act that the cheque was issued for consideration and in discharge of a legally enforceable liability. Those presumptions are rebuttable, but the accused must displace them by a probable and credible defence on a preponderance of probabilities; a bare denial is not enough. The trial court erred in treating the denial of the agreement and signatures as sufficient rebuttal despite the absence of reliable evidence. The acquittal was set aside and the offence was held proved.</description>
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    <pubDate>Wed, 10 Mar 2010 00:00:00 +0530</pubDate>
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      <title>2010 (3) TMI 1260 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=295241</link>
      <description>In a prosecution for cheque dishonour, once the drawer admits the cheque and signature, the Court must presume under the Negotiable Instruments Act that the cheque was issued for consideration and in discharge of a legally enforceable liability. Those presumptions are rebuttable, but the accused must displace them by a probable and credible defence on a preponderance of probabilities; a bare denial is not enough. The trial court erred in treating the denial of the agreement and signatures as sufficient rebuttal despite the absence of reliable evidence. The acquittal was set aside and the offence was held proved.</description>
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      <pubDate>Wed, 10 Mar 2010 00:00:00 +0530</pubDate>
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