https://www.taxtmi.com/caselaws?id=404471 Once execution of the cheque was admitted, the presumptions under Sections 118 and 139 of the Negotiable Instruments Act operated in favour of the complainant, including the existence of a legally enforceable debt. The accused had to rebut that presumption on a preponderance of probabilities, but the defence of a blank cheque, forgery of the hand-loan bond, and misuse of documents was not supported by persuasive material. Refusal of the demand notice, no reply from the accused, and corroboration by the scribe supported the complainant's case. The trial court's reliance on defence material was held legally unsound, the acquittal was found perverse, and the offence under Section 138 was established. en-us Mon, 21 Dec 2020 00:00:00 +0530 Wed, 24 Feb 2021 09:42:59 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=404471 Once execution of the cheque was admitted, the presumptions under Sections 118 and 139 of the Negotiable Instruments Act operated in favour of the complainant, including the existence of a legally enforceable debt. The accused had to rebut that presumption on a preponderance of probabilities, but the defence of a blank cheque, forgery of the hand-loan bond, and misuse of documents was not supported by persuasive material. Refusal of the demand notice, no reply from the accused, and corroboration by the scribe supported the complainant's case. The trial court's reliance on defence material was held legally unsound, the acquittal was found perverse, and the offence under Section 138 was established. Case-Laws Indian Laws Mon, 21 Dec 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=404471