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    <title>2024 (10) TMI 377 - HIMACHAL PRADESH HIGH COURT</title>
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    <description>Admission of the cheque, signature, and loan transaction triggered the presumptions under Sections 118 and 139 of the Negotiable Instruments Act that the cheque was issued for consideration and in discharge of a legally enforceable debt. Those reverse onus presumptions could be displaced only by a probable defence on a preponderance of probabilities, and a bare plea that the cheque was a blank security cheque was insufficient where the accused led no convincing rebuttal evidence. Dishonour for &quot;account closed&quot; remained within the statutory framework, and service of notice was treated as established on refusal of registered notice. The acquittal was therefore held unsustainable and the conviction under Section 138 was sustained.</description>
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    <pubDate>Thu, 03 Oct 2024 00:00:00 +0530</pubDate>
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      <title>2024 (10) TMI 377 - HIMACHAL PRADESH HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=759778</link>
      <description>Admission of the cheque, signature, and loan transaction triggered the presumptions under Sections 118 and 139 of the Negotiable Instruments Act that the cheque was issued for consideration and in discharge of a legally enforceable debt. Those reverse onus presumptions could be displaced only by a probable defence on a preponderance of probabilities, and a bare plea that the cheque was a blank security cheque was insufficient where the accused led no convincing rebuttal evidence. Dishonour for &quot;account closed&quot; remained within the statutory framework, and service of notice was treated as established on refusal of registered notice. The acquittal was therefore held unsustainable and the conviction under Section 138 was sustained.</description>
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