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    <title>2004 (2) TMI 736 - PUNJAB AND HARYANA HIGH COURT</title>
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    <description>In a prosecution under Section 138 of the Negotiable Instruments Act, the statutory presumptions under Sections 118 and 139 operate in favour of the cheque holder but remain rebuttable. The accused rebutted them by asserting that signed blank cheques were taken in connection with a proposed loan and later misused, while the complainant led no evidence of the underlying transaction or of any debt or legally enforceable liability. In an appeal against acquittal, interference is warranted only if the lower court&#039;s view is perverse or unreasonable. The presumption was rebutted, the foundational liability was not proved, and the acquittal was left undisturbed.</description>
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    <pubDate>Mon, 23 Feb 2004 00:00:00 +0530</pubDate>
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      <title>2004 (2) TMI 736 - PUNJAB AND HARYANA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=304206</link>
      <description>In a prosecution under Section 138 of the Negotiable Instruments Act, the statutory presumptions under Sections 118 and 139 operate in favour of the cheque holder but remain rebuttable. The accused rebutted them by asserting that signed blank cheques were taken in connection with a proposed loan and later misused, while the complainant led no evidence of the underlying transaction or of any debt or legally enforceable liability. In an appeal against acquittal, interference is warranted only if the lower court&#039;s view is perverse or unreasonable. The presumption was rebutted, the foundational liability was not proved, and the acquittal was left undisturbed.</description>
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      <pubDate>Mon, 23 Feb 2004 00:00:00 +0530</pubDate>
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