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    <title>2012 (8) TMI 1222 - HIMACHAL PRADESH HIGH COURT</title>
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    <description>The court dismissed the petition, upholding the validity of the complaint and summoning order under Section 138 of the Negotiable Instruments Act, 1881. It ruled that the presumption under Section 139 applies even if a cheque is dishonored due to a court order, with the burden on the accused to prove sufficient funds. The court found the statutory notice was presumed delivered and held that the Managing Director was liable due to sufficient averments regarding his role. The interim order was vacated, and parties were directed to appear before the trial court.</description>
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    <pubDate>Fri, 24 Aug 2012 00:00:00 +0530</pubDate>
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      <title>2012 (8) TMI 1222 - HIMACHAL PRADESH HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=310906</link>
      <description>The court dismissed the petition, upholding the validity of the complaint and summoning order under Section 138 of the Negotiable Instruments Act, 1881. It ruled that the presumption under Section 139 applies even if a cheque is dishonored due to a court order, with the burden on the accused to prove sufficient funds. The court found the statutory notice was presumed delivered and held that the Managing Director was liable due to sufficient averments regarding his role. The interim order was vacated, and parties were directed to appear before the trial court.</description>
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      <pubDate>Fri, 24 Aug 2012 00:00:00 +0530</pubDate>
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