https://www.taxtmi.com/caselaws?id=383642 Statutory presumptions under the Negotiable Instruments Act arise in a cheque-dishonour prosecution once issuance and signature are admitted. The accused may rebut presumptions of consideration and legally enforceable debt on a preponderance of probabilities, including through the complainant's material, but a bare denial or unsupported assertion that cheques were security instruments is insufficient. Business dealings, acknowledged accounts, invoices, challans and the absence of rebuttal evidence may support the presumption. A complainant's pre-cognizance statement is not substantive evidence for contradiction, and absence of the complete trial record does not invalidate an appeal without material prejudice to the defence. 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 Statutory presumptions under the Negotiable Instruments Act arise in a cheque-dishonour prosecution once issuance and signature are admitted. The accused may rebut presumptions of consideration and legally enforceable debt on a preponderance of probabilities, including through the complainant's material, but a bare denial or unsupported assertion that cheques were security instruments is insufficient. Business dealings, acknowledged accounts, invoices, challans and the absence of rebuttal evidence may support the presumption. A complainant's pre-cognizance statement is not substantive evidence for contradiction, and absence of the complete trial record does not invalidate an appeal without material prejudice to the defence. Case-Laws Indian Laws Tue, 23 Jul 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=383642