https://www.taxtmi.com/caselaws?id=406668 For an offence under Section 138 of the Negotiable Instruments Act, the complainant must prove that the cheque was issued towards a legally enforceable debt or liability. The statutory presumption under Section 139 aids the holder of the cheque, but it does not replace proof of the underlying liability. On the evidence, the cheque had been delivered blank as to the payee's name, and the materials did not establish that the accused was personally liable when the cheque was issued. The alleged liability was also contingent, so the foundational requirement of enforceable debt was not proved and the acquittal was left undisturbed. en-us Thu, 01 Apr 2021 00:00:00 +0530 Tue, 20 Apr 2021 12:54:52 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=406668 For an offence under Section 138 of the Negotiable Instruments Act, the complainant must prove that the cheque was issued towards a legally enforceable debt or liability. The statutory presumption under Section 139 aids the holder of the cheque, but it does not replace proof of the underlying liability. On the evidence, the cheque had been delivered blank as to the payee's name, and the materials did not establish that the accused was personally liable when the cheque was issued. The alleged liability was also contingent, so the foundational requirement of enforceable debt was not proved and the acquittal was left undisturbed. Case-Laws Indian Laws Thu, 01 Apr 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=406668