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2019 (9) TMI 1210 - HC - Indian LawsDishonor of cheque - insufficiency of goods - rebut of presumption under Section 139 of the Act - section 138 of NI Act - HELD THAT:- The petitioner has admitted the cheque in question as well as his signatures on the same. He has also admitted the execution of the “loan receipt”, as well as his signatures and handwriting on the same. In view of the above admitted facts, this Court is of the view that the petitioner has admitted the existence of the debt. At the same time, he failed to rebut the presumption by raising any probable defence. It is thus held that the petitioner has failed to discharge the onus and the presumption under Section 118A and 139 of NI Act has remained unrebutted. Petition dismissed.
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