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    <title>2023 (2) TMI 822 - CALCUTTA HIGH COURT</title>
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    <description>The petitioner was convicted under Section 138 of the Negotiable Instruments Act for issuing a dishonored cheque. The Metropolitan Magistrate initially sentenced him to imprisonment and compensation, which was modified by the Sessions Judge to remove the imprisonment but uphold the compensation. Despite challenges to evidence and demand notice validity, the courts found sufficient proof of liability. The presumption under Sections 118 and 139 of the Act was upheld, placing the burden on the accused to disprove debt existence. The compensation awarded was deemed appropriate, with the petitioner directed to pay the remaining balance within two months to avoid imprisonment.</description>
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    <pubDate>Wed, 08 Feb 2023 00:00:00 +0530</pubDate>
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      <title>2023 (2) TMI 822 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=434307</link>
      <description>The petitioner was convicted under Section 138 of the Negotiable Instruments Act for issuing a dishonored cheque. The Metropolitan Magistrate initially sentenced him to imprisonment and compensation, which was modified by the Sessions Judge to remove the imprisonment but uphold the compensation. Despite challenges to evidence and demand notice validity, the courts found sufficient proof of liability. The presumption under Sections 118 and 139 of the Act was upheld, placing the burden on the accused to disprove debt existence. The compensation awarded was deemed appropriate, with the petitioner directed to pay the remaining balance within two months to avoid imprisonment.</description>
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      <pubDate>Wed, 08 Feb 2023 00:00:00 +0530</pubDate>
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