https://www.taxtmi.com/caselaws?id=285581 Admission of the cheque signatures triggered the statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act that the cheques were issued for consideration and a legally enforceable debt. The accused was required to rebut those presumptions on a preponderance of probabilities by setting up a probable defence, but the claimed donation was found unbelievable and the alternative hand-loan explanation was inconsistent with the defence taken in cross-examination and under Section 313 CrPC. A minor mismatch between the alleged hand-loan amount and the aggregate cheque amount did not, by itself, displace the debt presumption. The conviction under Section 138 was therefore warranted. en-us Tue, 16 Jan 2018 00:00:00 +0530 Sat, 18 Jan 2020 10:08:05 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=285581 Admission of the cheque signatures triggered the statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act that the cheques were issued for consideration and a legally enforceable debt. The accused was required to rebut those presumptions on a preponderance of probabilities by setting up a probable defence, but the claimed donation was found unbelievable and the alternative hand-loan explanation was inconsistent with the defence taken in cross-examination and under Section 313 CrPC. A minor mismatch between the alleged hand-loan amount and the aggregate cheque amount did not, by itself, displace the debt presumption. The conviction under Section 138 was therefore warranted. Case-Laws Indian Laws Tue, 16 Jan 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=285581