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    <title>2021 (12) TMI 896 - MADRAS HIGH COURT</title>
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    <description>Execution of the cheque was admitted, so the statutory presumption under Section 139 of the Negotiable Instruments Act operated in favour of the complainant. The accused failed to rebut that presumption: no reply was sent to the statutory notice, the alleged recipient of the earlier loan was not examined, and no documents or account details were produced to show that the cheque was issued only as security or that the liability had been discharged. On that material, the concurrent findings that the cheque was issued towards a legally enforceable debt and that the offence under Section 138 was made out were not shown to be perverse or erroneous, and the conviction was sustained.</description>
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    <pubDate>Thu, 09 Dec 2021 00:00:00 +0530</pubDate>
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      <title>2021 (12) TMI 896 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=416130</link>
      <description>Execution of the cheque was admitted, so the statutory presumption under Section 139 of the Negotiable Instruments Act operated in favour of the complainant. The accused failed to rebut that presumption: no reply was sent to the statutory notice, the alleged recipient of the earlier loan was not examined, and no documents or account details were produced to show that the cheque was issued only as security or that the liability had been discharged. On that material, the concurrent findings that the cheque was issued towards a legally enforceable debt and that the offence under Section 138 was made out were not shown to be perverse or erroneous, and the conviction was sustained.</description>
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