<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2026 (4) TMI 1424 - MADRAS HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=790355</link>
    <description>Admitted cheque and signature triggered the statutory presumption under the Negotiable Instruments Act, and the drawer failed to rebut it. A defence that the cheque was issued as security in a chit transaction with a third person was not probabilised because the crucial supporting witness was available but not examined. The complainant was not required to disprove that version once a specific defence was raised. The lower appellate court erred in treating that non-examination as fatal and in interfering with a conviction that had been correctly based on the evidence. The cheque was therefore treated as issued towards a legally enforceable liability, and the conviction under Section 138 was restored.</description>
    <language>en-us</language>
    <pubDate>Tue, 17 Mar 2026 00:00:00 +0530</pubDate>
    <lastBuildDate>Fri, 24 Apr 2026 08:52:15 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=898214" rel="self" type="application/rss+xml"/>
    <item>
      <title>2026 (4) TMI 1424 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=790355</link>
      <description>Admitted cheque and signature triggered the statutory presumption under the Negotiable Instruments Act, and the drawer failed to rebut it. A defence that the cheque was issued as security in a chit transaction with a third person was not probabilised because the crucial supporting witness was available but not examined. The complainant was not required to disprove that version once a specific defence was raised. The lower appellate court erred in treating that non-examination as fatal and in interfering with a conviction that had been correctly based on the evidence. The cheque was therefore treated as issued towards a legally enforceable liability, and the conviction under Section 138 was restored.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Tue, 17 Mar 2026 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=790355</guid>
    </item>
  </channel>
</rss>