<?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>2023 (10) TMI 1610 - KARNATAKA HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=470713</link>
    <description>In cheque dishonour proceedings, admission of the cheque and signature creates a rebuttable presumption of a legally enforceable debt, which the accused may rebut on a preponderance of probabilities through evidence or effective cross-examination. The complainant&#039;s financial capacity to advance the alleged loan and the source and timing of the transaction were not consistently substantiated; the remaining funds were unexplained and the asserted chit amount had been received earlier. Although notice service at the accused&#039;s consistently used address was accepted, the presumption stood rebutted and the underlying loan was not proved. The concurrent conviction and sentence were set aside, resulting in acquittal.</description>
    <language>en-us</language>
    <pubDate>Fri, 06 Oct 2023 00:00:00 +0530</pubDate>
    <lastBuildDate>Wed, 05 Aug 2026 14:16:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=915515" rel="self" type="application/rss+xml"/>
    <item>
      <title>2023 (10) TMI 1610 - KARNATAKA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=470713</link>
      <description>In cheque dishonour proceedings, admission of the cheque and signature creates a rebuttable presumption of a legally enforceable debt, which the accused may rebut on a preponderance of probabilities through evidence or effective cross-examination. The complainant&#039;s financial capacity to advance the alleged loan and the source and timing of the transaction were not consistently substantiated; the remaining funds were unexplained and the asserted chit amount had been received earlier. Although notice service at the accused&#039;s consistently used address was accepted, the presumption stood rebutted and the underlying loan was not proved. The concurrent conviction and sentence were set aside, resulting in acquittal.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Fri, 06 Oct 2023 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=470713</guid>
    </item>
  </channel>
</rss>