https://www.taxtmi.com/caselaws?id=365821 In a prosecution under Section 138 of the Negotiable Instruments Act, the court found that the cheque was not proved to have been issued in discharge of a legally enforceable debt. The accused consistently maintained that the cheque leaves were given only as security, and the surrounding circumstances, including the admitted liability in a different amount and the timing of the notice and cheque presentation, rebutted the statutory presumption on a balance of probabilities. As the complainant failed to establish the offence beyond reasonable doubt, interference with the acquittal was refused and the acquittal was upheld. en-us Thu, 02 Aug 2018 00:00:00 +0530 Fri, 24 Aug 2018 02:12:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=365821 In a prosecution under Section 138 of the Negotiable Instruments Act, the court found that the cheque was not proved to have been issued in discharge of a legally enforceable debt. The accused consistently maintained that the cheque leaves were given only as security, and the surrounding circumstances, including the admitted liability in a different amount and the timing of the notice and cheque presentation, rebutted the statutory presumption on a balance of probabilities. As the complainant failed to establish the offence beyond reasonable doubt, interference with the acquittal was refused and the acquittal was upheld. Case-Laws Indian Laws Thu, 02 Aug 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=365821