https://www.taxtmi.com/caselaws?id=295798 In Section 138 cheque dishonour matters, the Gujarat HC noted that the presumption under Section 139 of the Negotiable Instruments Act is rebuttable on a preponderance of probabilities, including at the threshold. Where surrounding circumstances such as prior notices, delayed presentation, stop-payment instructions, and the complainant's conduct made the existence of a legally enforceable debt or liability doubtful, the Court held that inherent powers under Section 482 CrPC could be exercised to prevent injustice. On those facts, the complaints were quashed because the presumption stood displaced and the cheque was not clearly shown to have been issued in discharge of a debt or liability. en-us Tue, 08 Jul 2014 00:00:00 +0530 Mon, 21 Jun 2021 09:33:17 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=295798 In Section 138 cheque dishonour matters, the Gujarat HC noted that the presumption under Section 139 of the Negotiable Instruments Act is rebuttable on a preponderance of probabilities, including at the threshold. Where surrounding circumstances such as prior notices, delayed presentation, stop-payment instructions, and the complainant's conduct made the existence of a legally enforceable debt or liability doubtful, the Court held that inherent powers under Section 482 CrPC could be exercised to prevent injustice. On those facts, the complaints were quashed because the presumption stood displaced and the cheque was not clearly shown to have been issued in discharge of a debt or liability. Case-Laws Indian Laws Tue, 08 Jul 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=295798