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2015 (2) TMI 1351 - HC - Indian LawsDishonor of Cheque - legally enforceable debt - rebuttal of presumption or not - defence of the accused is that the demand promissory note and cheque were forcibly taken - Section 138 of Negotiable Instruments Act - HELD THAT:- In the cases of MS NARAYANA MENON @ MANI VERSUS STATE OF KERALA & ANR. [2006 (7) TMI 576 - SUPREME COURT], the Apex Court has explained as to how the presumptions under the Evidence Act as also under the N.I. Act could be rebutted and the concept of standard of proof, in cases under Section 138 of the N.I. Act. There can be no dispute about the propositions laid down in the above cases and the is duly considered. There are no perversity or jurisdictional error has been shown with regard to the impugned judgment and order - Revision Application is dismissed.
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