https://www.taxtmi.com/caselaws?id=295986 In a cheque dishonour prosecution, the complainant must prove that the cheque was issued towards a legally recoverable debt and that the liability was enforceable on the surrounding evidence. The court found the complainant's case deficient on material facts, including the source and financial capacity to advance the loan, lack of supporting documents, inconsistencies about the date and mode of payment, and contradiction between the oral version and the cheque date. The statutory presumption under negotiable instruments law remained rebuttable, and the accused could displace it through cross-examination without entering the witness box. On the overall evidence, the alleged debt was not proved with confidence, and the acquittal was upheld. en-us Wed, 07 Aug 2019 00:00:00 +0530 Tue, 29 Jun 2021 09:39:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=295986 In a cheque dishonour prosecution, the complainant must prove that the cheque was issued towards a legally recoverable debt and that the liability was enforceable on the surrounding evidence. The court found the complainant's case deficient on material facts, including the source and financial capacity to advance the loan, lack of supporting documents, inconsistencies about the date and mode of payment, and contradiction between the oral version and the cheque date. The statutory presumption under negotiable instruments law remained rebuttable, and the accused could displace it through cross-examination without entering the witness box. On the overall evidence, the alleged debt was not proved with confidence, and the acquittal was upheld. Case-Laws Indian Laws Wed, 07 Aug 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=295986