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    <title>2022 (8) TMI 552 - CALCUTTA HIGH COURT</title>
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    <description>Once cheque issuance was admitted, presumptions under Sections 118 and 139 of the Negotiable Instruments Act arose in favour of the complainant. The accused had to rebut them by a probable defence on a preponderance of probabilities, but mere denial and unsupported assertions were insufficient. The claim that the cheque was issued only as security also failed because no loan agreement, receipt, or reliable supporting record was produced, and the surrounding correspondence did not show absence of liability. The Court therefore held that the statutory presumptions were not displaced and sustained the conviction under Section 138, with the revisional challenge failing.</description>
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    <pubDate>Thu, 11 Aug 2022 00:00:00 +0530</pubDate>
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      <title>2022 (8) TMI 552 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=426313</link>
      <description>Once cheque issuance was admitted, presumptions under Sections 118 and 139 of the Negotiable Instruments Act arose in favour of the complainant. The accused had to rebut them by a probable defence on a preponderance of probabilities, but mere denial and unsupported assertions were insufficient. The claim that the cheque was issued only as security also failed because no loan agreement, receipt, or reliable supporting record was produced, and the surrounding correspondence did not show absence of liability. The Court therefore held that the statutory presumptions were not displaced and sustained the conviction under Section 138, with the revisional challenge failing.</description>
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      <pubDate>Thu, 11 Aug 2022 00:00:00 +0530</pubDate>
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