https://www.taxtmi.com/caselaws?id=345434 In a cheque dishonour matter under the Negotiable Instruments Act, the High Court found that the respondent proved advancement of the amount, issuance of the cheque, and its dishonour. The applicant failed to produce reliable material to rebut the statutory presumption under Section 139, and a bare assertion that the respondent lacked financial capacity was insufficient. The Court reiterated that the accused must displace the presumption on a preponderance of probability, which was not done. The conviction under Section 138 was therefore sustained, and the revision was rejected, leaving the conviction and sentence undisturbed. en-us Thu, 13 Jul 2017 00:00:00 +0530 Tue, 18 Jul 2017 10:22:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=345434 In a cheque dishonour matter under the Negotiable Instruments Act, the High Court found that the respondent proved advancement of the amount, issuance of the cheque, and its dishonour. The applicant failed to produce reliable material to rebut the statutory presumption under Section 139, and a bare assertion that the respondent lacked financial capacity was insufficient. The Court reiterated that the accused must displace the presumption on a preponderance of probability, which was not done. The conviction under Section 138 was therefore sustained, and the revision was rejected, leaving the conviction and sentence undisturbed. Case-Laws Indian Laws Thu, 13 Jul 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=345434