https://www.taxtmi.com/caselaws?id=402207 Statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act operated in favour of the complainant once the cheque, its dishonour for insufficiency of funds, service of notice, and non-payment were proved. The accused admitted the signature and issuance of the cheque but produced no cogent evidence to rebut the presumption that it was issued towards a legally enforceable debt or liability. A bare denial and the plea of a post-dated security cheque were held insufficient. The trial court's doubts over consideration and financial capacity were found erroneous, and the acquittal was set aside; the accused was held guilty under Section 138 and fined with compensation imposed. en-us Tue, 08 Dec 2020 00:00:00 +0530 Sat, 26 Dec 2020 10:43:10 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=402207 Statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act operated in favour of the complainant once the cheque, its dishonour for insufficiency of funds, service of notice, and non-payment were proved. The accused admitted the signature and issuance of the cheque but produced no cogent evidence to rebut the presumption that it was issued towards a legally enforceable debt or liability. A bare denial and the plea of a post-dated security cheque were held insufficient. The trial court's doubts over consideration and financial capacity were found erroneous, and the acquittal was set aside; the accused was held guilty under Section 138 and fined with compensation imposed. Case-Laws Indian Laws Tue, 08 Dec 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=402207