2007 (4) TMI 780

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..... . 1 ORDER G. YETHIRAJULU, J. 1. Since all these matters arise out of the same transaction, they are heard together and are being disposed of by this common order. 2. The petitioner is the accused in C.C. Nos. 43 of 2007,41 of 2007 and 433 of 2006 on the file of the Special Prohibition and Excise Court at Srikakulam, filed for the offence punishable under Section 138 of the Negot .....

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..... ess the contrary is proved, that the holder of a cheque received the cheque of the nature referred to in Section 138 for the discharge, in whole or in part, of any debt or other liability. 6. According to this section, there is a presumption that the cheque is issued for discharge of the legally enforceable debt. When once that presumption is available, it is for the petitioner to rebut the sai .....

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