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    <title>2025 (6) TMI 752 - KERALA HIGH COURT</title>
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    <description>A signed cheque attracts the statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act, and the fact that it was filled up by another person does not by itself negate liability. Where the complainant&#039;s evidence on the transaction, cheque, dishonour, notice, and reply notice is not effectively challenged, the accused must rebut the presumptions with cogent evidence. As no defence evidence or credible explanation was produced, the appellate court&#039;s reversal of the conviction under Section 138 was held unsustainable, and the conviction was restored with modified sentence and compensation.</description>
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    <pubDate>Thu, 05 Jun 2025 00:00:00 +0530</pubDate>
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      <title>2025 (6) TMI 752 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=772639</link>
      <description>A signed cheque attracts the statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act, and the fact that it was filled up by another person does not by itself negate liability. Where the complainant&#039;s evidence on the transaction, cheque, dishonour, notice, and reply notice is not effectively challenged, the accused must rebut the presumptions with cogent evidence. As no defence evidence or credible explanation was produced, the appellate court&#039;s reversal of the conviction under Section 138 was held unsustainable, and the conviction was restored with modified sentence and compensation.</description>
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