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    <title>2003 (11) TMI 644 - GUJARAT HIGH COURT</title>
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    <description>Proof of execution of a cheque triggered the statutory presumption of consideration and legally enforceable liability under the Negotiable Instruments Act, and the accused failed to rebut it with evidence; the cheques were therefore treated as issued towards liability. Service of the Section 138 demand notice was also presumed on dispatch to the correct address, supported by postal records, while the cheque presentation and complaint were found to be within limitation. On these findings, the conviction under Section 138 was sustained and the revisional challenge failed.</description>
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      <description>Proof of execution of a cheque triggered the statutory presumption of consideration and legally enforceable liability under the Negotiable Instruments Act, and the accused failed to rebut it with evidence; the cheques were therefore treated as issued towards liability. Service of the Section 138 demand notice was also presumed on dispatch to the correct address, supported by postal records, while the cheque presentation and complaint were found to be within limitation. On these findings, the conviction under Section 138 was sustained and the revisional challenge failed.</description>
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