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    <title>2025 (4) TMI 172 - Supreme Court</title>
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    <description>In cheque dishonour prosecutions, liability can attach to the cheque signatory and a partner responsible for the firm&#039;s affairs, so a complaint is maintainable where such person is arraigned and the cheque was issued by the partnership concern. Once issuance and signature are admitted or proved, statutory presumptions operate for the complainant, and the accused must rebut them with a probable defence. The complainant need not first prove source of funds or detailed transaction particulars. On the facts, the defence that the cheque was lost was not credibly supported, the presumptions were not rebutted, and interference with concurrent findings was unjustified; the conviction was restored, with sentence modified to fine only subject to payment time.</description>
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    <pubDate>Wed, 02 Apr 2025 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=768258</link>
      <description>In cheque dishonour prosecutions, liability can attach to the cheque signatory and a partner responsible for the firm&#039;s affairs, so a complaint is maintainable where such person is arraigned and the cheque was issued by the partnership concern. Once issuance and signature are admitted or proved, statutory presumptions operate for the complainant, and the accused must rebut them with a probable defence. The complainant need not first prove source of funds or detailed transaction particulars. On the facts, the defence that the cheque was lost was not credibly supported, the presumptions were not rebutted, and interference with concurrent findings was unjustified; the conviction was restored, with sentence modified to fine only subject to payment time.</description>
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