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    <title>2021 (6) TMI 476 - KARNATAKA HIGH COURT</title>
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    <description>Dishonour of a cheque for insufficiency of funds, followed by unclaimed statutory notice sent to the correct residential and workplace addresses, amounted to deemed service and triggered the presumption under Section 139 of the Negotiable Instruments Act, 1881 in favour of the complainant. The accused failed to rebut that presumption with a credible defence, as his explanations were inconsistent and did not account for how the cheque reached the complainant. The record also showed adequate to cross-examine and lead defence evidence, and the later request to summon the bank manager was found unnecessary and non-prejudicial. The Karnataka HC therefore upheld the concurrent conviction and sentence under Section 138 and declined revisional interference.</description>
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      <title>2021 (6) TMI 476 - KARNATAKA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=408580</link>
      <description>Dishonour of a cheque for insufficiency of funds, followed by unclaimed statutory notice sent to the correct residential and workplace addresses, amounted to deemed service and triggered the presumption under Section 139 of the Negotiable Instruments Act, 1881 in favour of the complainant. The accused failed to rebut that presumption with a credible defence, as his explanations were inconsistent and did not account for how the cheque reached the complainant. The record also showed adequate to cross-examine and lead defence evidence, and the later request to summon the bank manager was found unnecessary and non-prejudicial. The Karnataka HC therefore upheld the concurrent conviction and sentence under Section 138 and declined revisional interference.</description>
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