<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2022 (11) TMI 395 - KERALA HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=429971</link>
    <description>In revision, concurrent findings convicting the accused under Section 138 of the Negotiable Instruments Act were not disturbed because interference under Sections 397 and 401 CrPC is confined to findings that are perverse, illegal, unreasonable, or vitiated by non-consideration of material evidence. The complainant&#039;s evidence proved the transaction and cheque issuance; once the cheque and signature were established, the statutory presumptions under Sections 118 and 139 operated in favour of the complainant. The accused failed to rebut those presumptions on a preponderance of probabilities, and the pleas that the cheque was only security or a blank cheque remained unsubstantiated. The conviction and modified sentence were therefore left undisturbed.</description>
    <language>en-us</language>
    <pubDate>Tue, 27 Sep 2022 00:00:00 +0530</pubDate>
    <lastBuildDate>Wed, 09 Nov 2022 08:00:32 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=695280" rel="self" type="application/rss+xml"/>
    <item>
      <title>2022 (11) TMI 395 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=429971</link>
      <description>In revision, concurrent findings convicting the accused under Section 138 of the Negotiable Instruments Act were not disturbed because interference under Sections 397 and 401 CrPC is confined to findings that are perverse, illegal, unreasonable, or vitiated by non-consideration of material evidence. The complainant&#039;s evidence proved the transaction and cheque issuance; once the cheque and signature were established, the statutory presumptions under Sections 118 and 139 operated in favour of the complainant. The accused failed to rebut those presumptions on a preponderance of probabilities, and the pleas that the cheque was only security or a blank cheque remained unsubstantiated. The conviction and modified sentence were therefore left undisturbed.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Tue, 27 Sep 2022 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=429971</guid>
    </item>
  </channel>
</rss>