https://www.taxtmi.com/caselaws?id=408571 Cheque dishonour liability under Section 138 of the Negotiable Instruments Act was upheld because the accused admitted borrowing the amount and issuing the cheques, and dishonour was proved by a stop-payment endorsement. Those admitted facts triggered the statutory presumption under Section 139, and the defence that the cheques were only security and that the loan had been repaid was not rebutted on a preponderance of probabilities. The conviction was therefore sustained. However, the sentence of fine was considered excessive on the facts, so the fine was reduced and the corresponding compensation was modified to maintain proportionality. en-us Mon, 19 Apr 2021 00:00:00 +0530 Tue, 15 Jun 2021 07:51:05 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=408571 Cheque dishonour liability under Section 138 of the Negotiable Instruments Act was upheld because the accused admitted borrowing the amount and issuing the cheques, and dishonour was proved by a stop-payment endorsement. Those admitted facts triggered the statutory presumption under Section 139, and the defence that the cheques were only security and that the loan had been repaid was not rebutted on a preponderance of probabilities. The conviction was therefore sustained. However, the sentence of fine was considered excessive on the facts, so the fine was reduced and the corresponding compensation was modified to maintain proportionality. Case-Laws Indian Laws Mon, 19 Apr 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=408571