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    <title>2025 (7) TMI 473 - CALCUTTA HIGH COURT</title>
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    <description>Where execution of the cheque and its dishonour for insufficiency of funds were proved, the statutory presumption of a legally enforceable debt under the Negotiable Instruments Act operated in favour of the complainant. The admitted money receipt and the accused&#039;s Section 313 CrPC admissions supported the loan transaction, while the defence failed to rebut the presumption with cogent evidence. The plea that the cheque was issued only as security was rejected because no repayment or other material showed that liability had ceased before presentation. Partial payment of interest and the absence of a written agreement did not displace the complainant&#039;s case, and the acquittal was set aside.</description>
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    <pubDate>Wed, 02 Jul 2025 00:00:00 +0530</pubDate>
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      <title>2025 (7) TMI 473 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=774405</link>
      <description>Where execution of the cheque and its dishonour for insufficiency of funds were proved, the statutory presumption of a legally enforceable debt under the Negotiable Instruments Act operated in favour of the complainant. The admitted money receipt and the accused&#039;s Section 313 CrPC admissions supported the loan transaction, while the defence failed to rebut the presumption with cogent evidence. The plea that the cheque was issued only as security was rejected because no repayment or other material showed that liability had ceased before presentation. Partial payment of interest and the absence of a written agreement did not displace the complainant&#039;s case, and the acquittal was set aside.</description>
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