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    <title>2023 (10) TMI 1248 - KERALA HIGH COURT</title>
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    <description>Once execution of a cheque is proved, statutory presumptions arise that it was issued for a legally enforceable debt or liability, and the accused must rebut that presumption on a preponderance of probabilities. The defence was found improbable on the materials, including admitted dealings between the parties, so the conviction under the cheque dishonour provision was sustained. On sentence, the compensatory object of the remedy was emphasised, and the custodial component was reduced having regard to the accused&#039;s age and physical condition, while the compensation direction was retained. The revision was otherwise rejected.</description>
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      <description>Once execution of a cheque is proved, statutory presumptions arise that it was issued for a legally enforceable debt or liability, and the accused must rebut that presumption on a preponderance of probabilities. The defence was found improbable on the materials, including admitted dealings between the parties, so the conviction under the cheque dishonour provision was sustained. On sentence, the compensatory object of the remedy was emphasised, and the custodial component was reduced having regard to the accused&#039;s age and physical condition, while the compensation direction was retained. The revision was otherwise rejected.</description>
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