https://www.taxtmi.com/caselaws?id=401514 A cheque issued as security, rather than towards a legally enforceable debt, cannot sustain liability under the Negotiable Instruments Act when the underlying amount is shown to be unrecoverable. The accused's admission of execution triggered the statutory presumptions, but evidence of a prior civil finding that the claim was not proved, together with proof that the cheque formed part of the same disputed transaction, established a probable defence and rebutted those presumptions. As the complainant did not discharge the burden thereafter, the conviction and sentence were set aside and the accused was acquitted. en-us Thu, 03 Dec 2020 00:00:00 +0530 Thu, 10 Dec 2020 08:20:54 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=401514 A cheque issued as security, rather than towards a legally enforceable debt, cannot sustain liability under the Negotiable Instruments Act when the underlying amount is shown to be unrecoverable. The accused's admission of execution triggered the statutory presumptions, but evidence of a prior civil finding that the claim was not proved, together with proof that the cheque formed part of the same disputed transaction, established a probable defence and rebutted those presumptions. As the complainant did not discharge the burden thereafter, the conviction and sentence were set aside and the accused was acquitted. Case-Laws Indian Laws Thu, 03 Dec 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=401514