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    <title>2025 (8) TMI 248 - HIMACHAL PRADESH HIGH COURT</title>
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    <description>The HC upheld the conviction under Section 138 of the NI Act, finding the accused liable for dishonour of cheque due to insufficient funds. The accused failed to rebut the presumption of issuance of the cheque for a legally enforceable debt, as mere denial in Section 313 Cr.P.C. statement without evidence was insufficient. The affidavit acknowledging the loan of Rs. 4,50,000/- corroborated the complainant&#039;s claim. The accused&#039;s claim of repayment of Rs. 1,00,000/- was unsubstantiated. The cheque was held to discharge a legal liability, and the accused&#039;s failure to pay despite notice confirmed the offence. The compensation of Rs. 1,00,000/- on the principal amount was deemed not excessive. The revision petition was dismissed.</description>
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    <pubDate>Mon, 21 Jul 2025 00:00:00 +0530</pubDate>
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      <title>2025 (8) TMI 248 - HIMACHAL PRADESH HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=776061</link>
      <description>The HC upheld the conviction under Section 138 of the NI Act, finding the accused liable for dishonour of cheque due to insufficient funds. The accused failed to rebut the presumption of issuance of the cheque for a legally enforceable debt, as mere denial in Section 313 Cr.P.C. statement without evidence was insufficient. The affidavit acknowledging the loan of Rs. 4,50,000/- corroborated the complainant&#039;s claim. The accused&#039;s claim of repayment of Rs. 1,00,000/- was unsubstantiated. The cheque was held to discharge a legal liability, and the accused&#039;s failure to pay despite notice confirmed the offence. The compensation of Rs. 1,00,000/- on the principal amount was deemed not excessive. The revision petition was dismissed.</description>
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