https://www.taxtmi.com/caselaws?id=179943 A cheque is presumed to have been issued for consideration and in discharge of a debt or liability under Sections 118(a) and 139 of the Negotiable Instruments Act, 1881, and that presumption is displaced only by a probable defence on a preponderance of probabilities. On the facts, the account statement, C-Forms and transaction history supported liability for goods supplied, so the defence of advance payment failed. Vicarious liability under Section 141 could not be fastened on a partner where the partnership firm was not arraigned as an accused, so the partner's conviction in that complaint was set aside. In the complaints where the firm was impleaded, conviction was upheld. en-us Fri, 09 May 2014 00:00:00 +0530 Sat, 12 Mar 2016 21:16:24 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=179943 A cheque is presumed to have been issued for consideration and in discharge of a debt or liability under Sections 118(a) and 139 of the Negotiable Instruments Act, 1881, and that presumption is displaced only by a probable defence on a preponderance of probabilities. On the facts, the account statement, C-Forms and transaction history supported liability for goods supplied, so the defence of advance payment failed. Vicarious liability under Section 141 could not be fastened on a partner where the partnership firm was not arraigned as an accused, so the partner's conviction in that complaint was set aside. In the complaints where the firm was impleaded, conviction was upheld. Case-Laws Indian Laws Fri, 09 May 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=179943