https://www.taxtmi.com/caselaws?id=398909 In a Section 138 NI Act prosecution, the statutory presumption under Section 139 arose because cheque issuance and dishonour were not disputed, but the accused rebutted it by raising a probable defence on the alleged tractor delivery and the existence of debt. The invoice-cum-delivery challan was found unreliable, and the complaint also failed because the cheque was in favour of the firm while the complainant sued in his personal capacity without proper institution or authorisation by the payee. The complainant therefore failed to prove a legally enforceable debt, and the acquittal was held to be supported by valid reasons, calling for no appellate interference. en-us Mon, 07 Sep 2020 00:00:00 +0530 Sun, 27 Sep 2020 17:43:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=398909 In a Section 138 NI Act prosecution, the statutory presumption under Section 139 arose because cheque issuance and dishonour were not disputed, but the accused rebutted it by raising a probable defence on the alleged tractor delivery and the existence of debt. The invoice-cum-delivery challan was found unreliable, and the complaint also failed because the cheque was in favour of the firm while the complainant sued in his personal capacity without proper institution or authorisation by the payee. The complainant therefore failed to prove a legally enforceable debt, and the acquittal was held to be supported by valid reasons, calling for no appellate interference. Case-Laws Indian Laws Mon, 07 Sep 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=398909