https://www.taxtmi.com/caselaws?id=409099 In a prosecution under Section 138 of the Negotiable Instruments Act, the complainant must first prove foundational facts that the cheque was issued for consideration and in discharge of a legally enforceable debt before the presumptions under Sections 118 and 139 arise. The court found serious doubt in the complainant's account because the repayment records did not match the amounts actually paid, the admitted documents indicated greater repayments, and the vehicle had already been repossessed and sold, making the alleged post-repossession cheque improbable. The cheque was therefore not proved to represent a legally recoverable liability, the statutory presumptions did not operate, and the trial court's acquittal was left undisturbed. en-us Fri, 11 Jun 2021 00:00:00 +0530 Tue, 29 Jun 2021 09:59:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=409099 In a prosecution under Section 138 of the Negotiable Instruments Act, the complainant must first prove foundational facts that the cheque was issued for consideration and in discharge of a legally enforceable debt before the presumptions under Sections 118 and 139 arise. The court found serious doubt in the complainant's account because the repayment records did not match the amounts actually paid, the admitted documents indicated greater repayments, and the vehicle had already been repossessed and sold, making the alleged post-repossession cheque improbable. The cheque was therefore not proved to represent a legally recoverable liability, the statutory presumptions did not operate, and the trial court's acquittal was left undisturbed. Case-Laws Indian Laws Fri, 11 Jun 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=409099