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    <title>2021 (8) TMI 1138 - KARNATAKA HIGH COURT</title>
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    <description>An appeal under Section 378(4) CrPC was held maintainable against an acquittal in a complaint case, and revision was barred where an appeal lay under Section 401(4). On the cheque dishonour issue, the cheque and signature were admitted, notice was treated as served, and the accused gave no cogent rebuttal evidence. The statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act therefore operated for the complainant, and the First Appellate Court&#039;s reliance on absence of loan documents and Section 269SS of the Income-tax Act was found insufficient. The acquittal was set aside and the conviction under Section 138 was restored.</description>
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      <title>2021 (8) TMI 1138 - KARNATAKA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=411560</link>
      <description>An appeal under Section 378(4) CrPC was held maintainable against an acquittal in a complaint case, and revision was barred where an appeal lay under Section 401(4). On the cheque dishonour issue, the cheque and signature were admitted, notice was treated as served, and the accused gave no cogent rebuttal evidence. The statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act therefore operated for the complainant, and the First Appellate Court&#039;s reliance on absence of loan documents and Section 269SS of the Income-tax Act was found insufficient. The acquittal was set aside and the conviction under Section 138 was restored.</description>
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