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    <title>2010 (2) TMI 1287 - BOMBAY HIGH COURT</title>
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    <description>Where a cheque is issued by the accused, presented within validity, dishonoured for insufficiency of funds, and statutory notice is timely served, the presumptions under Sections 118 and 139 of the Negotiable Instruments Act operate in favour of the complainant. The accused must rebut those presumptions with probable and credible material; a bare plea of misuse of a blank cheque or unsupported denial is insufficient. On the facts discussed, the acquittal under Section 138 was reversed, guilt was affirmed, and the sentence was confined to monetary punishment with compensation, while incarceration till rising of the court was treated as unnecessary.</description>
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    <pubDate>Wed, 24 Feb 2010 00:00:00 +0530</pubDate>
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      <title>2010 (2) TMI 1287 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=295242</link>
      <description>Where a cheque is issued by the accused, presented within validity, dishonoured for insufficiency of funds, and statutory notice is timely served, the presumptions under Sections 118 and 139 of the Negotiable Instruments Act operate in favour of the complainant. The accused must rebut those presumptions with probable and credible material; a bare plea of misuse of a blank cheque or unsupported denial is insufficient. On the facts discussed, the acquittal under Section 138 was reversed, guilt was affirmed, and the sentence was confined to monetary punishment with compensation, while incarceration till rising of the court was treated as unnecessary.</description>
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      <pubDate>Wed, 24 Feb 2010 00:00:00 +0530</pubDate>
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