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2018 (1) TMI 312 - HC - Indian LawsCheque bounced - whether cheque was issued by the respondent or otherwise? - Held that: - Once the signatory of the cheque did not dispute his signature found in the instrument then the presumption under Section 118 of Negotiable Instruments Act will come into play. As already stated the respondent/accused did not deny the signature found in the cheque in question. Therefore, both the Courts below have rightly came to a conclusion that the cheque in question was issued by the respondent/accused for ₹ 4,00,000/-. Issuance of Promissory note - whether promissory note was executed by the revision petitioner/accused? - Held that: - Once the execution of an instrument is established, the presumption under Section 118 of Negotiable Instruments Act is that the said instrument was supported by consideration - it is crystal clear that the cheque in question was issued only towards the partial payment of promissory note debt as rightly contended by the learned counsel for respondent herein. Petition dismissed.
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