https://www.taxtmi.com/caselaws?id=402427 Once issuance of the cheque and the signature were admitted, the statutory presumption under Section 139 of the Negotiable Instruments Act arose that the cheque was issued for a legally enforceable debt. The accused was required to rebut that presumption on a preponderance of probabilities, but the defence version was not supported by reliable material. The alleged memorandum of understanding remained unproved and suspicious, the defence witnesses gave material contradictions, and mere reliance on non-disclosure in income-tax returns did not displace the presumption. On this reasoning, the acquittal was found unsustainable and conviction under Section 138 was warranted. en-us Mon, 21 Dec 2020 00:00:00 +0530 Fri, 01 Jan 2021 10:19:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=402427 Once issuance of the cheque and the signature were admitted, the statutory presumption under Section 139 of the Negotiable Instruments Act arose that the cheque was issued for a legally enforceable debt. The accused was required to rebut that presumption on a preponderance of probabilities, but the defence version was not supported by reliable material. The alleged memorandum of understanding remained unproved and suspicious, the defence witnesses gave material contradictions, and mere reliance on non-disclosure in income-tax returns did not displace the presumption. On this reasoning, the acquittal was found unsustainable and conviction under Section 138 was warranted. Case-Laws Indian Laws Mon, 21 Dec 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=402427