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    <title>2022 (9) TMI 793 - GAUHATI HIGH COURT</title>
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    <description>Section 482 CrPC offers only narrow inherent jurisdiction, exercisable to prevent abuse of process or secure the ends of justice, and the Gauhati HC found no basis to disturb concurrent findings sustaining a conviction under section 138 of the Negotiable Instruments Act, 1881. The complainant had proved the underlying liability, the cheques issued towards a legally enforceable debt, their dishonour on closure of account, and service of demand notice. The defence of loss of cheque leaves was rejected because the supporting FIR and bank intimation were not proved through the relevant witnesses and the explanation was inconsistent with admitted issuance from the same cheque set. The presumption under section 139 was held unrebutted, so no interference was warranted.</description>
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    <pubDate>Fri, 09 Sep 2022 00:00:00 +0530</pubDate>
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      <title>2022 (9) TMI 793 - GAUHATI HIGH COURT</title>
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      <description>Section 482 CrPC offers only narrow inherent jurisdiction, exercisable to prevent abuse of process or secure the ends of justice, and the Gauhati HC found no basis to disturb concurrent findings sustaining a conviction under section 138 of the Negotiable Instruments Act, 1881. The complainant had proved the underlying liability, the cheques issued towards a legally enforceable debt, their dishonour on closure of account, and service of demand notice. The defence of loss of cheque leaves was rejected because the supporting FIR and bank intimation were not proved through the relevant witnesses and the explanation was inconsistent with admitted issuance from the same cheque set. The presumption under section 139 was held unrebutted, so no interference was warranted.</description>
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