https://www.taxtmi.com/caselaws?id=383642 The article explains that the absence of the full trial court record, including the complainant's Section 200 CrPC statement, did not by itself vitiate the appeal or cause material prejudice where the appellate record contained the relied-upon documents and the accused had notice of the dispute. It also states that, in a Section 138 NI Act prosecution, once issuance and signature of the cheque are admitted, the statutory presumptions under Sections 118 and 139 operate for the holder, and the accused must rebut them on a preponderance of probabilities. A bare denial or unsupported plea that the cheques were only security cheques was insufficient on the stated facts, leading to reversal of the acquittal and conviction. en-us Tue, 23 Jul 2019 00:00:00 +0530 Mon, 29 Jul 2019 06:22:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=383642 The article explains that the absence of the full trial court record, including the complainant's Section 200 CrPC statement, did not by itself vitiate the appeal or cause material prejudice where the appellate record contained the relied-upon documents and the accused had notice of the dispute. It also states that, in a Section 138 NI Act prosecution, once issuance and signature of the cheque are admitted, the statutory presumptions under Sections 118 and 139 operate for the holder, and the accused must rebut them on a preponderance of probabilities. A bare denial or unsupported plea that the cheques were only security cheques was insufficient on the stated facts, leading to reversal of the acquittal and conviction. Case-Laws Indian Laws Tue, 23 Jul 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=383642