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Misuse of 138 NIA ACT
Misuse of 138 NIA ACT
In the matter of MJ Joseph versus Gladis Sasi on July 2010 of Kerala High
Court, it was held that the presumption under Section 118 and Section 139 of
the Negotiable Instruments Act can be drawn only when the execution of the
cheque is admitted or proved. The admission of signature in a blank cheque is
not admission of execution of the cheque. The performance of the channel was
not established in compliance with Section 67 of the Indian Evidence Act. The
accused has been acquitted by the court.
SAHIL CHAUDHARY
ADVOCATE
8377077542
SUPREME COURT OF INDIA
DELHI HIGH COURT
DISTRICT AND SESSIONS COURT, FARIDABAD