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    <title>2021 (11) TMI 983 - HIMACHAL PRADESH HIGH COURT</title>
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    <description>Once execution of the cheque was admitted, presumptions under Sections 118 and 139 of the Negotiable Instruments Act arose that the cheque was issued for a legally enforceable liability. The drawer had to rebut that presumption with a probable defence supported by cogent material; mere denial or an unsupported plea of misuse of a blank cheque was insufficient. The cheque, signature, dishonour, statutory notice, and non-payment were proved, and the presumption remained unrebutted. In revision, interference was also limited because the HC would not reappreciate evidence as a second appellate court unless a glaring illegality or miscarriage of justice was shown. Conviction and sentence were upheld.</description>
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      <description>Once execution of the cheque was admitted, presumptions under Sections 118 and 139 of the Negotiable Instruments Act arose that the cheque was issued for a legally enforceable liability. The drawer had to rebut that presumption with a probable defence supported by cogent material; mere denial or an unsupported plea of misuse of a blank cheque was insufficient. The cheque, signature, dishonour, statutory notice, and non-payment were proved, and the presumption remained unrebutted. In revision, interference was also limited because the HC would not reappreciate evidence as a second appellate court unless a glaring illegality or miscarriage of justice was shown. Conviction and sentence were upheld.</description>
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