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    <title>2022 (9) TMI 379 - KARNATAKA HIGH COURT</title>
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    <description>Where the accused admitted issuance and signature on the cheques, and receipt of notice, the statutory presumption in favour of cheque liability remained unrebutted because the complainant&#039;s account of the loan transaction was not challenged in cross-examination. The court held that a defence of security cheques, unsupported by timely response or credible evidence, was improbable on the record. It further held that the appellate court could not reject the conviction on the basis of the complainant&#039;s alleged financial incapacity when that point was not a pleaded defence and had not been specifically put in issue by the accused. The acquittal was therefore unsustainable and the conviction was restored.</description>
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      <title>2022 (9) TMI 379 - KARNATAKA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=427434</link>
      <description>Where the accused admitted issuance and signature on the cheques, and receipt of notice, the statutory presumption in favour of cheque liability remained unrebutted because the complainant&#039;s account of the loan transaction was not challenged in cross-examination. The court held that a defence of security cheques, unsupported by timely response or credible evidence, was improbable on the record. It further held that the appellate court could not reject the conviction on the basis of the complainant&#039;s alleged financial incapacity when that point was not a pleaded defence and had not been specifically put in issue by the accused. The acquittal was therefore unsustainable and the conviction was restored.</description>
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      <pubDate>Tue, 16 Aug 2022 00:00:00 +0530</pubDate>
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