https://www.taxtmi.com/caselaws?id=407929 In a prosecution under Section 138 of the Negotiable Instruments Act, once the drawer's signature on the cheque is admitted and issuance of the cheque is proved, the presumptions under Sections 118(a) and 139 operate in favour of the complainant. The burden then shifts to the accused to rebut those presumptions with credible evidence showing that the cheque was not issued towards a legally enforceable debt or liability. A bare plea that the cheque was given as a blank security cheque, without supporting evidence, is insufficient. The court found that the trial court had misapplied the statutory presumptions and ignored material evidence, so the acquittal was set aside and the conviction and fine with compensation were sustained. en-us Tue, 27 Apr 2021 00:00:00 +0530 Wed, 26 May 2021 08:42:17 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=407929 In a prosecution under Section 138 of the Negotiable Instruments Act, once the drawer's signature on the cheque is admitted and issuance of the cheque is proved, the presumptions under Sections 118(a) and 139 operate in favour of the complainant. The burden then shifts to the accused to rebut those presumptions with credible evidence showing that the cheque was not issued towards a legally enforceable debt or liability. A bare plea that the cheque was given as a blank security cheque, without supporting evidence, is insufficient. The court found that the trial court had misapplied the statutory presumptions and ignored material evidence, so the acquittal was set aside and the conviction and fine with compensation were sustained. Case-Laws Indian Laws Tue, 27 Apr 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=407929