https://www.taxtmi.com/caselaws?id=348932 Where execution of a cheque is admitted, presumptions under Sections 118 and 139 of the Negotiable Instruments Act arise in favour of the holder, and the accused must rebut them on a preponderance of probabilities. The accused failed to establish that the cheque was issued only as a security cheque or without consideration. The evidence showed that the cheque was issued towards repayment of an enforceable liability arising from unauthorised transfer of the complainant's money to a third party. The challenge to the conviction under Section 138 therefore failed, and the finding of guilt was upheld. en-us Fri, 22 Sep 2017 00:00:00 +0530 Wed, 04 Oct 2017 06:40:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=348932 Where execution of a cheque is admitted, presumptions under Sections 118 and 139 of the Negotiable Instruments Act arise in favour of the holder, and the accused must rebut them on a preponderance of probabilities. The accused failed to establish that the cheque was issued only as a security cheque or without consideration. The evidence showed that the cheque was issued towards repayment of an enforceable liability arising from unauthorised transfer of the complainant's money to a third party. The challenge to the conviction under Section 138 therefore failed, and the finding of guilt was upheld. Case-Laws Indian Laws Fri, 22 Sep 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=348932