https://www.taxtmi.com/caselaws?id=390773 Section 138 of the Negotiable Instruments Act, 1881 applies only where the cheque is issued in discharge of a legally enforceable debt or other liability. On the facts noted, no executed deed or enforceable sale agreement was shown, and the cheque was not linked to any existing consideration or liability. Because the foundational ingredients of the offence were absent, the statutory presumption could not sustain the prosecution at the threshold, and the criminal proceeding was quashed as unsustainable. en-us Wed, 18 Dec 2019 00:00:00 +0530 Sat, 11 Jan 2020 06:51:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=390773 Section 138 of the Negotiable Instruments Act, 1881 applies only where the cheque is issued in discharge of a legally enforceable debt or other liability. On the facts noted, no executed deed or enforceable sale agreement was shown, and the cheque was not linked to any existing consideration or liability. Because the foundational ingredients of the offence were absent, the statutory presumption could not sustain the prosecution at the threshold, and the criminal proceeding was quashed as unsustainable. Case-Laws Indian Laws Wed, 18 Dec 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=390773