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    <title>2025 (9) TMI 1217 - DELHI HIGH COURT</title>
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    <description>In a prosecution under Section 138 of the Negotiable Instruments Act, admission of cheque execution triggers presumptions under Sections 118 and 139 that the cheque was issued for consideration and in discharge of a legally enforceable liability. Those presumptions can be displaced only by credible evidence showing, on a preponderance of probabilities, that the defence version is more likely. In revision, the court&#039;s role is limited to testing legality, correctness, and propriety, not reappreciating evidence as a matter of course. On the stated facts, the defence evidence was found unreliable and insufficient, so the presumptions remained unrebutted and revisional interference was not warranted.</description>
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      <link>https://www.taxtmi.com/caselaws?id=778728</link>
      <description>In a prosecution under Section 138 of the Negotiable Instruments Act, admission of cheque execution triggers presumptions under Sections 118 and 139 that the cheque was issued for consideration and in discharge of a legally enforceable liability. Those presumptions can be displaced only by credible evidence showing, on a preponderance of probabilities, that the defence version is more likely. In revision, the court&#039;s role is limited to testing legality, correctness, and propriety, not reappreciating evidence as a matter of course. On the stated facts, the defence evidence was found unreliable and insufficient, so the presumptions remained unrebutted and revisional interference was not warranted.</description>
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