https://www.taxtmi.com/caselaws?id=386114 A signed cheque attracts the presumption of liability under Section 139 of the Negotiable Instruments Act, 1881, even where the remaining particulars are filled later, but the presumption is rebuttable. The accused may displace it on a preponderance of probabilities through direct or circumstantial evidence, or by exposing weaknesses in the complainant's own version. Here, the defence of forcible taking of cheque leaves, supported by testimony and police complaints, together with inconsistencies in the complaint, notice, and proof of the underlying transaction, created a probable defence. The complainant therefore failed to establish the offence under Section 138 and the acquittal was left undisturbed. en-us Thu, 19 Sep 2019 00:00:00 +0530 Mon, 23 Sep 2019 07:19:03 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=386114 A signed cheque attracts the presumption of liability under Section 139 of the Negotiable Instruments Act, 1881, even where the remaining particulars are filled later, but the presumption is rebuttable. The accused may displace it on a preponderance of probabilities through direct or circumstantial evidence, or by exposing weaknesses in the complainant's own version. Here, the defence of forcible taking of cheque leaves, supported by testimony and police complaints, together with inconsistencies in the complaint, notice, and proof of the underlying transaction, created a probable defence. The complainant therefore failed to establish the offence under Section 138 and the acquittal was left undisturbed. Case-Laws Indian Laws Thu, 19 Sep 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=386114