https://www.taxtmi.com/caselaws?id=341702 A cheque dishonour prosecution under the Negotiable Instruments Act requires proof of a legally enforceable debt through admissible evidence of the loan transaction, the complainant's financial capacity, and supporting records. A power of attorney holder may depose, but the evidence is effective only where the witness has personal knowledge of the transaction or has seen it occur. Here, the complainant's witness did not clearly establish such knowledge and the supporting business records were not produced, so the evidentiary basis for the liability was found insufficient. The acquittal was set aside and the matter remanded for fresh disposal with opportunity for both sides to adduce evidence. en-us Tue, 04 Apr 2017 00:00:00 +0530 Sat, 15 Apr 2017 08:08:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=341702 A cheque dishonour prosecution under the Negotiable Instruments Act requires proof of a legally enforceable debt through admissible evidence of the loan transaction, the complainant's financial capacity, and supporting records. A power of attorney holder may depose, but the evidence is effective only where the witness has personal knowledge of the transaction or has seen it occur. Here, the complainant's witness did not clearly establish such knowledge and the supporting business records were not produced, so the evidentiary basis for the liability was found insufficient. The acquittal was set aside and the matter remanded for fresh disposal with opportunity for both sides to adduce evidence. Case-Laws Indian Laws Tue, 04 Apr 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=341702