https://www.taxtmi.com/caselaws?id=389503 In cheque dishonour prosecutions, an appellate court may reappreciate evidence against acquittal, but it should interfere only when the trial court's view is patently erroneous or unsustainable. Once execution of the cheque is admitted or proved, a rebuttable presumption arises under the Negotiable Instruments Act that a legally enforceable debt exists, and the accused must rebut it on a preponderance of probabilities, including by relying on the complainant's own materials. On the stated facts, the defence led no evidence, the presumption was not rebutted, and the ingredients of the offence were treated as proved, leading to reversal of acquittal and conviction. en-us Tue, 26 Nov 2019 00:00:00 +0530 Tue, 10 Dec 2019 09:03:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=389503 In cheque dishonour prosecutions, an appellate court may reappreciate evidence against acquittal, but it should interfere only when the trial court's view is patently erroneous or unsustainable. Once execution of the cheque is admitted or proved, a rebuttable presumption arises under the Negotiable Instruments Act that a legally enforceable debt exists, and the accused must rebut it on a preponderance of probabilities, including by relying on the complainant's own materials. On the stated facts, the defence led no evidence, the presumption was not rebutted, and the ingredients of the offence were treated as proved, leading to reversal of acquittal and conviction. Case-Laws Indian Laws Tue, 26 Nov 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=389503