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2020 (1) TMI 228 - HC - Indian LawsDishonor of Cheque - sole ground for dismissal of the complaints is that the disputed cheques were dishonoured by the bank on the ground that Signature do not match specimen - section 138 of NI Act - whether in case of dishonour of cheque on the ground that 'signature does match with specimen' 'signature incomplete' 'signature differ' etc., complaint under Section 138 NI Act, 1881 is maintainable? HELD THAT:- It is clear that if a cheque is dishonoured by the reason of 'alteration in drawer's signature', 'signature does not match specimen' or 'signature incomplete' etc. the Court has to presume, by virtue of Section 139 of the Act, 1881 that the cheque is received by the holder for the discharge, in whole or in part, of any debt or liability. Though it is a rebuttable presumption, but burden of proving so would be on the accused. The Court cannot quash the complaint on this ground. Both the petitions are hereby allowed.
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