https://www.taxtmi.com/caselaws?id=386115 A signed cheque gives rise to a rebuttable presumption of liability under Section 139 of the Negotiable Instruments Act, but the accused can displace it on a preponderance of probabilities by relying on the complainant's own case and surrounding circumstances. Here, the absence of material particulars in the complaint and notice, the complainant's failure to explain the transaction in chief examination, the delayed loan version, and the improbability of the alleged advance were treated as sufficient to rebut the presumption. Once rebutted, the complainant had to independently prove the transaction and liability, and the prosecution under Section 138 failed. en-us Thu, 19 Sep 2019 00:00:00 +0530 Mon, 23 Sep 2019 07:19:06 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=386115 A signed cheque gives rise to a rebuttable presumption of liability under Section 139 of the Negotiable Instruments Act, but the accused can displace it on a preponderance of probabilities by relying on the complainant's own case and surrounding circumstances. Here, the absence of material particulars in the complaint and notice, the complainant's failure to explain the transaction in chief examination, the delayed loan version, and the improbability of the alleged advance were treated as sufficient to rebut the presumption. Once rebutted, the complainant had to independently prove the transaction and liability, and the prosecution under Section 138 failed. Case-Laws Indian Laws Thu, 19 Sep 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=386115