https://www.taxtmi.com/caselaws?id=373349 The High Court upheld the trial Magistrate's decision to dismiss the complaint under Section 138 of the Negotiable Instruments Act. The appellant, failing to provide consistent and reliable evidence, could not prove the existence of consideration for the dishonored cheque. Contradictions in the appellant's testimony regarding the number of apple cartons sold and carriage charges weakened the case. The respondent successfully rebutted the legal presumption of consideration by highlighting these contradictions. The standard of proof required for rebutting the presumption was met by the respondent, leading to the dismissal of the appeal. en-us Mon, 17 Dec 2018 00:00:00 +0530 Fri, 11 Jan 2019 07:30:30 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=373349 The High Court upheld the trial Magistrate's decision to dismiss the complaint under Section 138 of the Negotiable Instruments Act. The appellant, failing to provide consistent and reliable evidence, could not prove the existence of consideration for the dishonored cheque. Contradictions in the appellant's testimony regarding the number of apple cartons sold and carriage charges weakened the case. The respondent successfully rebutted the legal presumption of consideration by highlighting these contradictions. The standard of proof required for rebutting the presumption was met by the respondent, leading to the dismissal of the appeal. Case-Laws Indian Laws Mon, 17 Dec 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=373349