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    <title>2023 (12) TMI 947 - HIMACHAL PRADESH HIGH COURT</title>
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    <description>Admission of the drawer&#039;s cheque signature triggered the presumptions under Sections 118 and 139 of the Negotiable Instruments Act that the cheque was issued for consideration and in discharge of liability. The accused failed to rebut those presumptions on a preponderance of probabilities, as mere denial under Section 313 CrPC and suggestions in cross-examination were insufficient. Dishonour for insufficient funds and service of demand notice were proved, so the ingredients of Section 138 stood established. In appeal against acquittal, interference was justified because the trial court adopted an unsustainable view and ignored settled principles. The acquittal was set aside and conviction under Section 138 followed.</description>
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      <title>2023 (12) TMI 947 - HIMACHAL PRADESH HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=447263</link>
      <description>Admission of the drawer&#039;s cheque signature triggered the presumptions under Sections 118 and 139 of the Negotiable Instruments Act that the cheque was issued for consideration and in discharge of liability. The accused failed to rebut those presumptions on a preponderance of probabilities, as mere denial under Section 313 CrPC and suggestions in cross-examination were insufficient. Dishonour for insufficient funds and service of demand notice were proved, so the ingredients of Section 138 stood established. In appeal against acquittal, interference was justified because the trial court adopted an unsustainable view and ignored settled principles. The acquittal was set aside and conviction under Section 138 followed.</description>
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