https://www.taxtmi.com/caselaws?id=391270 A cheque proved to have been drawn and dishonoured attracts the statutory presumption of issuance towards a legally enforceable debt or liability under the Negotiable Instruments Act. That presumption was not rebutted here because the accused produced no cogent evidence, the plea that the cheque was lost remained unsupported, and the conduct on record did not displace the presumption. The failure to seek handwriting comparison or otherwise effectively controvert the writings and signatures on the cheque further weakened the defence. The precedent relied on by the trial court was inapposite on these facts, and the acquittal was reversed by convicting the accused under Section 138. en-us Tue, 07 Jan 2020 00:00:00 +0530 Fri, 24 Jan 2020 08:38:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=391270 A cheque proved to have been drawn and dishonoured attracts the statutory presumption of issuance towards a legally enforceable debt or liability under the Negotiable Instruments Act. That presumption was not rebutted here because the accused produced no cogent evidence, the plea that the cheque was lost remained unsupported, and the conduct on record did not displace the presumption. The failure to seek handwriting comparison or otherwise effectively controvert the writings and signatures on the cheque further weakened the defence. The precedent relied on by the trial court was inapposite on these facts, and the acquittal was reversed by convicting the accused under Section 138. Case-Laws Indian Laws Tue, 07 Jan 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=391270