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    <title>2024 (2) TMI 1011 - JHARKHAND HIGH COURT</title>
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    <description>Where the accused admits execution of the cheque, the presumptions under Sections 118 and 139 of the Negotiable Instruments Act, 1881 arise in favour of the holder that the cheque was issued towards discharge of a debt or liability. Those presumptions can be displaced only by probable evidence on a preponderance of probabilities; mere denial, or an assertion that the cheques were blank or issued in good faith, is insufficient. On the record, cheque presentation within validity, dishonour for insufficiency of funds, timely notice, and filing within the prescribed period were established, and the accused produced no rebuttal evidence. The complaint was therefore legally maintainable and liability under Section 138 stood established.</description>
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      <title>2024 (2) TMI 1011 - JHARKHAND HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=449860</link>
      <description>Where the accused admits execution of the cheque, the presumptions under Sections 118 and 139 of the Negotiable Instruments Act, 1881 arise in favour of the holder that the cheque was issued towards discharge of a debt or liability. Those presumptions can be displaced only by probable evidence on a preponderance of probabilities; mere denial, or an assertion that the cheques were blank or issued in good faith, is insufficient. On the record, cheque presentation within validity, dishonour for insufficiency of funds, timely notice, and filing within the prescribed period were established, and the accused produced no rebuttal evidence. The complaint was therefore legally maintainable and liability under Section 138 stood established.</description>
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