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    <title>2024 (10) TMI 555 - KERALA HIGH COURT</title>
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    <description>Kerala HC dismissed appeal in dishonoured cheque case. Trial court correctly found due execution of cheque based on plaintiff&#039;s testimony that defendant signed in his presence, with no challenge to signature authenticity during cross-examination. Presumption under Section 118(a) NI Act regarding consideration was properly applied. Defendant failed to rebut presumption despite claiming prior financial liability was discharged, as no evidence supported such discharge. Trial court&#039;s findings on execution, presumption, and defendant&#039;s failure to rebut were justified. Interest at 6% per annum deemed reasonable.</description>
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    <pubDate>Fri, 27 Sep 2024 00:00:00 +0530</pubDate>
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      <description>Kerala HC dismissed appeal in dishonoured cheque case. Trial court correctly found due execution of cheque based on plaintiff&#039;s testimony that defendant signed in his presence, with no challenge to signature authenticity during cross-examination. Presumption under Section 118(a) NI Act regarding consideration was properly applied. Defendant failed to rebut presumption despite claiming prior financial liability was discharged, as no evidence supported such discharge. Trial court&#039;s findings on execution, presumption, and defendant&#039;s failure to rebut were justified. Interest at 6% per annum deemed reasonable.</description>
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      <pubDate>Fri, 27 Sep 2024 00:00:00 +0530</pubDate>
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