Cheque execution presumptions sustain liability where repayment remains unproved, including for security cheques and account-closed dishonour.
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....Revisional jurisdiction over concurrent cheque-dishonour convictions is supervisory and does not permit reappreciation of evidence absent patent defect, legal or jurisdictional error, perversity, non-consideration of material evidence, or gross miscarriage of justice. Admitted cheque execution raises presumptions of consideration and legally enforceable debt, requiring the accused to establish a probable defence. A security cheque may be presented on default where liability subsists, and voluntarily signed blank cheques remain enforceable despite completion of particulars by the payee. Cash-loan restrictions may attract penalties without invalidating the underlying debt. Dishonour marked "account closed" falls within Section 138, and compensation is characterised as compensatory and restitutive alongside deterrent punishment.....
TaxTMI