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    <title>2022 (11) TMI 1085 - DELHI HIGH COURT</title>
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    <description>A dishonoured cheque signed by the accused attracts the statutory presumption under Section 139 of the Negotiable Instruments Act, and specific averments that the accused were authorised signatories and in charge of the company at the relevant time support prosecution under Section 141. A defence that cheque particulars were filled later, or that the cheques were blank or undated when signed, does not by itself displace that presumption. A plea of resignation before presentation and dishonour raises disputed questions of fact that are ordinarily not resolved in quashing proceedings and must be tested at trial.</description>
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      <description>A dishonoured cheque signed by the accused attracts the statutory presumption under Section 139 of the Negotiable Instruments Act, and specific averments that the accused were authorised signatories and in charge of the company at the relevant time support prosecution under Section 141. A defence that cheque particulars were filled later, or that the cheques were blank or undated when signed, does not by itself displace that presumption. A plea of resignation before presentation and dishonour raises disputed questions of fact that are ordinarily not resolved in quashing proceedings and must be tested at trial.</description>
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