https://www.taxtmi.com/caselaws?id=376748 Once the foundational facts of cheque dishonour are established, the presumptions under Sections 118 and 139 of the Negotiable Instruments Act operate in favour of the holder that the cheque was issued for consideration and a legally enforceable debt. The accused must rebut that presumption by raising a probable defence on a preponderance of probabilities; mere denial or unsupported doubts about the complainant's funds are insufficient. On the facts noted, the conviction under Section 138 was sustained, while the custodial sentence was reduced without disturbing the fine and compensation structure. en-us Fri, 15 Mar 2019 00:00:00 +0530 Fri, 25 Aug 2023 15:09:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=376748 Once the foundational facts of cheque dishonour are established, the presumptions under Sections 118 and 139 of the Negotiable Instruments Act operate in favour of the holder that the cheque was issued for consideration and a legally enforceable debt. The accused must rebut that presumption by raising a probable defence on a preponderance of probabilities; mere denial or unsupported doubts about the complainant's funds are insufficient. On the facts noted, the conviction under Section 138 was sustained, while the custodial sentence was reduced without disturbing the fine and compensation structure. Case-Laws Indian Laws Fri, 15 Mar 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=376748