https://www.taxtmi.com/caselaws?id=397986 In cheque dishonour proceedings under the Negotiable Instruments Act, the presumptions under Sections 118 and 139 apply once execution of the cheque is not disputed, but they remain rebuttable. Where the accused raises a probable defence through inconsistencies in the complainant's version, surrounding circumstances, and material suggesting the cheque leaf relates to an earlier period, the burden shifts back to the complainant. The complainant must then independently prove the legally enforceable debt and financial capacity to advance the loan. On the facts noted, the defence was found probable, the presumptions stood rebutted, and the acquittal was left undisturbed, with leave to appeal refused. en-us Wed, 12 Feb 2020 00:00:00 +0530 Fri, 04 Sep 2020 11:00:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=397986 In cheque dishonour proceedings under the Negotiable Instruments Act, the presumptions under Sections 118 and 139 apply once execution of the cheque is not disputed, but they remain rebuttable. Where the accused raises a probable defence through inconsistencies in the complainant's version, surrounding circumstances, and material suggesting the cheque leaf relates to an earlier period, the burden shifts back to the complainant. The complainant must then independently prove the legally enforceable debt and financial capacity to advance the loan. On the facts noted, the defence was found probable, the presumptions stood rebutted, and the acquittal was left undisturbed, with leave to appeal refused. Case-Laws Indian Laws Wed, 12 Feb 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=397986