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    <title>2023 (11) TMI 1066 - PUNJAB &amp; HARYANA HIGH COURT</title>
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    <description>Dishonour of cheques remained actionable under Section 138 despite the drawer&#039;s account being frozen or seized, because the account evidence showed insufficient or negligible funds and a frozen account does not, by itself, defeat liability. On admission of execution and signatures, the presumptions under Sections 118 and 139 operated for the complainant, and the accused failed to raise a probable defence that the cheques were only security instruments or that no legally enforceable debt existed. Notice sent by registered post to the correct address attracted the presumption of service, and alleged custody did not excuse non-payment after summons. The conviction and sentence, as modified in appeal, were upheld.</description>
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      <link>https://www.taxtmi.com/caselaws?id=446175</link>
      <description>Dishonour of cheques remained actionable under Section 138 despite the drawer&#039;s account being frozen or seized, because the account evidence showed insufficient or negligible funds and a frozen account does not, by itself, defeat liability. On admission of execution and signatures, the presumptions under Sections 118 and 139 operated for the complainant, and the accused failed to raise a probable defence that the cheques were only security instruments or that no legally enforceable debt existed. Notice sent by registered post to the correct address attracted the presumption of service, and alleged custody did not excuse non-payment after summons. The conviction and sentence, as modified in appeal, were upheld.</description>
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      <pubDate>Thu, 12 Oct 2023 00:00:00 +0530</pubDate>
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