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    <title>2024 (5) TMI 661 - Supreme Court</title>
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    <description>In a Section 138 Negotiable Instruments Act prosecution, the statutory presumption arises only where foundational facts are proved and the cheque is shown to have been issued in discharge of a legally enforceable debt or liability. Concurrent findings of the First Appellate Court and the High Court held that no reliable material proved any loan or financial assistance transaction, the alleged debt did not appear in the complainant&#039;s accounts, and the defence offered a plausible alternative explanation for the cheques and funds. On Article 136 review, interference was unwarranted because those findings were neither perverse nor unsupported by evidence. The acquittal was left undisturbed.</description>
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    <pubDate>Tue, 09 Apr 2024 00:00:00 +0530</pubDate>
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      <title>2024 (5) TMI 661 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=752608</link>
      <description>In a Section 138 Negotiable Instruments Act prosecution, the statutory presumption arises only where foundational facts are proved and the cheque is shown to have been issued in discharge of a legally enforceable debt or liability. Concurrent findings of the First Appellate Court and the High Court held that no reliable material proved any loan or financial assistance transaction, the alleged debt did not appear in the complainant&#039;s accounts, and the defence offered a plausible alternative explanation for the cheques and funds. On Article 136 review, interference was unwarranted because those findings were neither perverse nor unsupported by evidence. The acquittal was left undisturbed.</description>
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      <pubDate>Tue, 09 Apr 2024 00:00:00 +0530</pubDate>
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