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    <title>2025 (8) TMI 158 - KERALA HIGH COURT</title>
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    <description>The Section 139 presumption under the Negotiable Instruments Act applies only in favour of a holder of the cheque. Where the cheque is not drawn in the complainant&#039;s name and the complainant is not shown to be the holder within Section 8, the statutory presumption cannot arise in his favour. The complainant must then independently prove the foundational facts of the transaction and the legally enforceable debt or liability through supporting evidence. In the absence of invoices, delivery documents, account records, or examination of the broker said to have arranged the transaction, the accused&#039;s version that the cheque was issued as security was found more probable, and interference with the acquittal was not warranted.</description>
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      <title>2025 (8) TMI 158 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=775971</link>
      <description>The Section 139 presumption under the Negotiable Instruments Act applies only in favour of a holder of the cheque. Where the cheque is not drawn in the complainant&#039;s name and the complainant is not shown to be the holder within Section 8, the statutory presumption cannot arise in his favour. The complainant must then independently prove the foundational facts of the transaction and the legally enforceable debt or liability through supporting evidence. In the absence of invoices, delivery documents, account records, or examination of the broker said to have arranged the transaction, the accused&#039;s version that the cheque was issued as security was found more probable, and interference with the acquittal was not warranted.</description>
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