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    <title>Dishonoured cheque conviction upheld on appeal under Section 138 after trial acquittal reversed for insufficient rebuttal</title>
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    <description>HC reversed trial court&#039;s acquittal in dishonoured cheque case under Section 138 Negotiable Instruments Act. Trial court erroneously found no legally enforceable debt existed and demand notice was improperly served. HC held trial court&#039;s doubts about complainant&#039;s account book authenticity insufficient to rebut statutory presumption, noting accused&#039;s failure to adequately challenge presumptions during cross-examination. Regarding service, complainant proved delivery through acknowledgment card signed by accused&#039;s wife at correct address, which accused never disputed. HC found trial court&#039;s findings perverse and legally unsustainable. Accused convicted under Section 138, sentenced to Rs. 4,50,000 fine within 60 days, defaulting to six months simple imprisonment. Appeal allowed.</description>
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    <pubDate>Mon, 30 Jun 2025 08:43:57 +0530</pubDate>
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      <title>Dishonoured cheque conviction upheld on appeal under Section 138 after trial acquittal reversed for insufficient rebuttal</title>
      <link>https://www.taxtmi.com/highlights?id=89922</link>
      <description>HC reversed trial court&#039;s acquittal in dishonoured cheque case under Section 138 Negotiable Instruments Act. Trial court erroneously found no legally enforceable debt existed and demand notice was improperly served. HC held trial court&#039;s doubts about complainant&#039;s account book authenticity insufficient to rebut statutory presumption, noting accused&#039;s failure to adequately challenge presumptions during cross-examination. Regarding service, complainant proved delivery through acknowledgment card signed by accused&#039;s wife at correct address, which accused never disputed. HC found trial court&#039;s findings perverse and legally unsustainable. Accused convicted under Section 138, sentenced to Rs. 4,50,000 fine within 60 days, defaulting to six months simple imprisonment. Appeal allowed.</description>
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      <pubDate>Mon, 30 Jun 2025 08:43:57 +0530</pubDate>
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