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    <title>Revision allowed; conviction and sentence under Section 138 NI Act set aside as cheque did not discharge legal debt</title>
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    <description>The HC allowed the revision, set aside the conviction and sentence under Section 138 NI Act, and quashed the appellate court&#039;s affirmance. The courts below had presumed the cheque discharged a legal liability because issuance was undisputed, but that rebuttable presumption was displaced by evidence that the underlying debt was to a differently licensed entity; the cheque payable to the complainant&#039;s firm did not legally discharge the debt. Absent a legally enforceable debt, jurisdiction to try and convict under Section 138 was lacking. The revisional jurisdiction properly remedied the jurisdictional error and patent legal defect, warranting acquittal of the accused.</description>
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    <pubDate>Tue, 26 Aug 2025 08:41:04 +0530</pubDate>
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      <title>Revision allowed; conviction and sentence under Section 138 NI Act set aside as cheque did not discharge legal debt</title>
      <link>https://www.taxtmi.com/highlights?id=91903</link>
      <description>The HC allowed the revision, set aside the conviction and sentence under Section 138 NI Act, and quashed the appellate court&#039;s affirmance. The courts below had presumed the cheque discharged a legal liability because issuance was undisputed, but that rebuttable presumption was displaced by evidence that the underlying debt was to a differently licensed entity; the cheque payable to the complainant&#039;s firm did not legally discharge the debt. Absent a legally enforceable debt, jurisdiction to try and convict under Section 138 was lacking. The revisional jurisdiction properly remedied the jurisdictional error and patent legal defect, warranting acquittal of the accused.</description>
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      <pubDate>Tue, 26 Aug 2025 08:41:04 +0530</pubDate>
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