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    <title>2016 (12) TMI 1883 - CALCUTTA HIGH COURT</title>
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    <description>Part payment after service of statutory notice did not extinguish liability under the Negotiable Instruments Act; the unpaid balance continued to support the cause of action, and no fresh notice was required. The complaint was held within limitation, and the cheque was treated as issued towards an existing liability because the statutory presumption of liability was not rebutted by convincing evidence. The West Bengal Moneylenders Act did not bar the accommodation loan on the facts proved, and the complainant&#039;s financial capacity could not defeat the claim after the transaction and part payment. The sentence was corrected because the trial court&#039;s fine exceeded the statutory limit; imprisonment was reduced and compensation enhanced.</description>
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      <description>Part payment after service of statutory notice did not extinguish liability under the Negotiable Instruments Act; the unpaid balance continued to support the cause of action, and no fresh notice was required. The complaint was held within limitation, and the cheque was treated as issued towards an existing liability because the statutory presumption of liability was not rebutted by convincing evidence. The West Bengal Moneylenders Act did not bar the accommodation loan on the facts proved, and the complainant&#039;s financial capacity could not defeat the claim after the transaction and part payment. The sentence was corrected because the trial court&#039;s fine exceeded the statutory limit; imprisonment was reduced and compensation enhanced.</description>
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