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    <title>2025 (8) TMI 248 - HIMACHAL PRADESH HIGH COURT</title>
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    <description>Admission of the drawer&#039;s signature on the cheque triggered the statutory presumptions under Sections 118(a) and 139 of the Negotiable Instruments Act, and a cheque described as security still attracted Section 138 where contemporaneous material showed a legally enforceable liability on presentation. The accused&#039;s plea of a smaller loan, repayment, and interpolation in the affidavit failed because it was unsupported by evidence and a Section 313 CrPC statement is not substantive defence evidence; the presumptions therefore remained unrebutted on a preponderance of probabilities. Revisional interference with the one-year simple imprisonment and compensation was unwarranted because no patent illegality, perversity, or miscarriage of justice was shown.</description>
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      <description>Admission of the drawer&#039;s signature on the cheque triggered the statutory presumptions under Sections 118(a) and 139 of the Negotiable Instruments Act, and a cheque described as security still attracted Section 138 where contemporaneous material showed a legally enforceable liability on presentation. The accused&#039;s plea of a smaller loan, repayment, and interpolation in the affidavit failed because it was unsupported by evidence and a Section 313 CrPC statement is not substantive defence evidence; the presumptions therefore remained unrebutted on a preponderance of probabilities. Revisional interference with the one-year simple imprisonment and compensation was unwarranted because no patent illegality, perversity, or miscarriage of justice was shown.</description>
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