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    <title>2024 (9) TMI 102 - HIMACHAL PRADESH HIGH COURT</title>
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    <description>Admission of the cheque, signature and borrowing attracted the statutory presumption under Section 139 that the cheque was issued for a legally enforceable debt or liability. The accused had to rebut that presumption on a preponderance of probabilities, but the plea of prior repayment was unsupported by reliable evidence, and the alleged security cheque character did not defeat Section 138 where an existing liability was shown. The revisional court found no patent illegality, perversity or jurisdictional error in the concurrent findings, so the conviction and sentence were maintained.</description>
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      <description>Admission of the cheque, signature and borrowing attracted the statutory presumption under Section 139 that the cheque was issued for a legally enforceable debt or liability. The accused had to rebut that presumption on a preponderance of probabilities, but the plea of prior repayment was unsupported by reliable evidence, and the alleged security cheque character did not defeat Section 138 where an existing liability was shown. The revisional court found no patent illegality, perversity or jurisdictional error in the concurrent findings, so the conviction and sentence were maintained.</description>
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