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    <title>2026 (6) TMI 841 - KERALA HIGH COURT</title>
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    <description>Proof of the loan, issuance of the cheque, dishonour for insufficiency of funds, and dispatch of the statutory notice to the drawer&#039;s correct address were treated as sufficient to invoke the presumption under Section 139 of the Negotiable Instruments Act. The notice returned as &quot;unclaimed&quot; was treated as valid service, and the accused led no evidence to rebut the complainant&#039;s case or establish the alleged alternative transaction and discharge. The discrepancy in describing the accused as a known person or friend was held immaterial. On these facts, the acquittal was set aside and guilt under Section 138 was found established.</description>
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      <description>Proof of the loan, issuance of the cheque, dishonour for insufficiency of funds, and dispatch of the statutory notice to the drawer&#039;s correct address were treated as sufficient to invoke the presumption under Section 139 of the Negotiable Instruments Act. The notice returned as &quot;unclaimed&quot; was treated as valid service, and the accused led no evidence to rebut the complainant&#039;s case or establish the alleged alternative transaction and discharge. The discrepancy in describing the accused as a known person or friend was held immaterial. On these facts, the acquittal was set aside and guilt under Section 138 was found established.</description>
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