<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2019 (10) TMI 1578 - HIMACHAL PRADESH HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=311383</link>
    <description>The HC dismissed the accused&#039;s petition in a dishonour of cheque case under Section 138 of the Negotiable Instruments Act. The accused failed to successfully rebut the statutory presumption under Section 139 that the cheque was issued for discharge of debt or liability. Despite the accused&#039;s claim that blank cheques were misused, the court found no evidence to support this defense. The accused&#039;s signatures on the cheque were admitted, and mere statements without positive evidence were insufficient to establish probable defense. The court upheld the conviction, emphasizing that statutory presumption favors the complainant when the accused cannot prove the cheque was issued as security rather than for debt discharge.</description>
    <language>en-us</language>
    <pubDate>Wed, 16 Oct 2019 00:00:00 +0530</pubDate>
    <lastBuildDate>Sat, 23 Dec 2023 09:44:59 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=736483" rel="self" type="application/rss+xml"/>
    <item>
      <title>2019 (10) TMI 1578 - HIMACHAL PRADESH HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=311383</link>
      <description>The HC dismissed the accused&#039;s petition in a dishonour of cheque case under Section 138 of the Negotiable Instruments Act. The accused failed to successfully rebut the statutory presumption under Section 139 that the cheque was issued for discharge of debt or liability. Despite the accused&#039;s claim that blank cheques were misused, the court found no evidence to support this defense. The accused&#039;s signatures on the cheque were admitted, and mere statements without positive evidence were insufficient to establish probable defense. The court upheld the conviction, emphasizing that statutory presumption favors the complainant when the accused cannot prove the cheque was issued as security rather than for debt discharge.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Wed, 16 Oct 2019 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=311383</guid>
    </item>
  </channel>
</rss>