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    <title>2025 (8) TMI 889 - DELHI HIGH COURT</title>
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    <description>A cash loan alleged to breach Section 269SS of the Income-tax Act does not, by that reason alone, cease to be a legally enforceable debt for Section 138 of the Negotiable Instruments Act; the fiscal infraction may attract tax consequences, but it does not void the underlying liability. Once the drawer admits the cheque signature and bank particulars, the presumptions under Sections 118(a) and 139 arise, and a blank or partly filled cheque voluntarily delivered does not by itself rebut them. On the stated facts, the defence of a security cheque was unsupported, the presumption was not displaced on a preponderance of probabilities, and the cheque dishonour complaint was held proved.</description>
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      <link>https://www.taxtmi.com/caselaws?id=776701</link>
      <description>A cash loan alleged to breach Section 269SS of the Income-tax Act does not, by that reason alone, cease to be a legally enforceable debt for Section 138 of the Negotiable Instruments Act; the fiscal infraction may attract tax consequences, but it does not void the underlying liability. Once the drawer admits the cheque signature and bank particulars, the presumptions under Sections 118(a) and 139 arise, and a blank or partly filled cheque voluntarily delivered does not by itself rebut them. On the stated facts, the defence of a security cheque was unsupported, the presumption was not displaced on a preponderance of probabilities, and the cheque dishonour complaint was held proved.</description>
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