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    <title>2024 (6) TMI 840 - GAUHATI HIGH COURT</title>
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    <description>Statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act apply where the cheque and signature are admitted, and the drawer must rebut them on a preponderance of probabilities. A bare plea that the cheque was lost and payment was stopped was rejected because no police complaint or reliable supporting material was produced, while bank evidence and the dishonour memo supported insufficiency of funds. Service of notice was treated as proved because it was sent to the correct address and the drawer effectively admitted receipt in the Section 313 statement. The request under Section 311 CrPC was found unwarranted, and no illegality or perversity was shown in the concurrent findings.</description>
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      <description>Statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act apply where the cheque and signature are admitted, and the drawer must rebut them on a preponderance of probabilities. A bare plea that the cheque was lost and payment was stopped was rejected because no police complaint or reliable supporting material was produced, while bank evidence and the dishonour memo supported insufficiency of funds. Service of notice was treated as proved because it was sent to the correct address and the drawer effectively admitted receipt in the Section 313 statement. The request under Section 311 CrPC was found unwarranted, and no illegality or perversity was shown in the concurrent findings.</description>
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