https://www.taxtmi.com/caselaws?id=358191 In a prosecution under Section 138 of the Negotiable Instruments Act, an accused who admits his signature on the cheque must rebut the statutory presumption with credible evidence. Here, the defence of repayment and the claim that the cheques were issued only as security were unsupported by cogent proof: no loan documents were produced, no bank witness was examined, the alleged part-payment by a brother was not proved, and the accused gave inconsistent versions on repayment. The appellate court's reliance on an older printed format on the cheque book was also insufficient to displace the presumption. The acquittal was therefore set aside and the conviction and sentence were restored. en-us Mon, 02 Apr 2018 00:00:00 +0530 Fri, 06 Apr 2018 21:26:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=358191 In a prosecution under Section 138 of the Negotiable Instruments Act, an accused who admits his signature on the cheque must rebut the statutory presumption with credible evidence. Here, the defence of repayment and the claim that the cheques were issued only as security were unsupported by cogent proof: no loan documents were produced, no bank witness was examined, the alleged part-payment by a brother was not proved, and the accused gave inconsistent versions on repayment. The appellate court's reliance on an older printed format on the cheque book was also insufficient to displace the presumption. The acquittal was therefore set aside and the conviction and sentence were restored. Case-Laws Indian Laws Mon, 02 Apr 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=358191