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    <title>2026 (2) TMI 117 - MADRAS HIGH COURT</title>
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    <description>In a Section 138 NI Act prosecution, the statutory presumptions under Sections 118 and 139 were rebutted where the accused showed a probable defence that the cheque was issued only as a security instrument in a sale transaction. The complainant&#039;s suppression of the prior dealings, including the registered sale agreement, power of attorney, cancellation, and related civil proceedings, weakened the claim of a legally enforceable debt. The trial court&#039;s finding that the cheque was not issued in discharge of an enforceable liability and that the complainant had not approached the court with clean hands was held to be a plausible view, so the acquittal was not interfered with.</description>
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    <pubDate>Wed, 21 Jan 2026 00:00:00 +0530</pubDate>
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      <title>2026 (2) TMI 117 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=785922</link>
      <description>In a Section 138 NI Act prosecution, the statutory presumptions under Sections 118 and 139 were rebutted where the accused showed a probable defence that the cheque was issued only as a security instrument in a sale transaction. The complainant&#039;s suppression of the prior dealings, including the registered sale agreement, power of attorney, cancellation, and related civil proceedings, weakened the claim of a legally enforceable debt. The trial court&#039;s finding that the cheque was not issued in discharge of an enforceable liability and that the complainant had not approached the court with clean hands was held to be a plausible view, so the acquittal was not interfered with.</description>
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