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    <title>2022 (3) TMI 448 - KARNATAKA HIGH COURT</title>
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    <description>Admission of the cheque and the drawer&#039;s signature triggered the statutory presumption that it was issued towards a legally enforceable debt under the Negotiable Instruments Act. The accused failed to rebut that presumption with credible evidence; mere denial, an unsupported security-cheque explanation, and absence of a reply notice or complaint about misuse were insufficient. The trial court&#039;s doubts about the complainant&#039;s financial capacity were unsupported by the record, and the ingredients of Section 138 were held established. The acquittal was therefore treated as unsustainable, and conviction under Section 138 was warranted.</description>
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    <pubDate>Wed, 23 Feb 2022 00:00:00 +0530</pubDate>
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      <title>2022 (3) TMI 448 - KARNATAKA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=419410</link>
      <description>Admission of the cheque and the drawer&#039;s signature triggered the statutory presumption that it was issued towards a legally enforceable debt under the Negotiable Instruments Act. The accused failed to rebut that presumption with credible evidence; mere denial, an unsupported security-cheque explanation, and absence of a reply notice or complaint about misuse were insufficient. The trial court&#039;s doubts about the complainant&#039;s financial capacity were unsupported by the record, and the ingredients of Section 138 were held established. The acquittal was therefore treated as unsustainable, and conviction under Section 138 was warranted.</description>
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      <pubDate>Wed, 23 Feb 2022 00:00:00 +0530</pubDate>
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