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    <title>2024 (5) TMI 1320 - KARNATAKA HIGH COURT</title>
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    <description>The statutory presumption arising from the cheque and signature remained rebuttable, and once the accused questioned the complainant&#039;s financial capacity, the complainant had to prove the ability to advance the alleged cash loan. She failed to do so because there was no independent income, no documentary support for family resources, no account extracts, and no reliable proof of possession of the alleged cash. The timing of the loan was also uncertain, while the defence that the cheque had been taken blank and used in prior transactions was supported by documents and cross-examination. The accused therefore probabilised a probable defence, and the acquittal was sustained.</description>
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    <pubDate>Mon, 08 Apr 2024 00:00:00 +0530</pubDate>
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      <title>2024 (5) TMI 1320 - KARNATAKA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=753267</link>
      <description>The statutory presumption arising from the cheque and signature remained rebuttable, and once the accused questioned the complainant&#039;s financial capacity, the complainant had to prove the ability to advance the alleged cash loan. She failed to do so because there was no independent income, no documentary support for family resources, no account extracts, and no reliable proof of possession of the alleged cash. The timing of the loan was also uncertain, while the defence that the cheque had been taken blank and used in prior transactions was supported by documents and cross-examination. The accused therefore probabilised a probable defence, and the acquittal was sustained.</description>
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