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    <title>2021 (11) TMI 544 - KERALA HIGH COURT</title>
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    <description>Conviction under Section 138 of the Negotiable Instruments Act was restored because the loan transaction and default in repayment were undisputed, and the cheque signature was found similar to signatures on the hire purchase agreement and vehicle registration records. The statutory presumption under Section 139 operated in favour of the complainant, as the cheque was treated as issued for discharge of a legally enforceable debt. The appellate court erred in holding that the signature on the cheque had not been proved, and the evidence was held sufficient to sustain the finding of guilt.</description>
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    <pubDate>Fri, 27 Aug 2021 00:00:00 +0530</pubDate>
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      <title>2021 (11) TMI 544 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=414763</link>
      <description>Conviction under Section 138 of the Negotiable Instruments Act was restored because the loan transaction and default in repayment were undisputed, and the cheque signature was found similar to signatures on the hire purchase agreement and vehicle registration records. The statutory presumption under Section 139 operated in favour of the complainant, as the cheque was treated as issued for discharge of a legally enforceable debt. The appellate court erred in holding that the signature on the cheque had not been proved, and the evidence was held sufficient to sustain the finding of guilt.</description>
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      <pubDate>Fri, 27 Aug 2021 00:00:00 +0530</pubDate>
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