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    <title>2024 (5) TMI 1431 - KERALA HIGH COURT</title>
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    <description>Kerala HC dismissed appeal against acquittal under Section 138 NI Act. Accused successfully rebutted statutory presumptions under Sections 118 and 139 by establishing that the cheque was originally given as security to complainant&#039;s son-in-law who was abroad during cheque&#039;s validity period. Court found complainant materially altered the cheque by adding his name as payee without accused&#039;s knowledge or consent. Evidence showed no legally enforceable debt existed between accused and complainant, with complainant having no definite case regarding amount due. Trial court&#039;s acquittal was upheld as accused proved case on preponderance of probabilities.</description>
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    <pubDate>Fri, 12 Apr 2024 00:00:00 +0530</pubDate>
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      <title>2024 (5) TMI 1431 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=753378</link>
      <description>Kerala HC dismissed appeal against acquittal under Section 138 NI Act. Accused successfully rebutted statutory presumptions under Sections 118 and 139 by establishing that the cheque was originally given as security to complainant&#039;s son-in-law who was abroad during cheque&#039;s validity period. Court found complainant materially altered the cheque by adding his name as payee without accused&#039;s knowledge or consent. Evidence showed no legally enforceable debt existed between accused and complainant, with complainant having no definite case regarding amount due. Trial court&#039;s acquittal was upheld as accused proved case on preponderance of probabilities.</description>
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      <pubDate>Fri, 12 Apr 2024 00:00:00 +0530</pubDate>
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