https://www.taxtmi.com/caselaws?id=409498 Once issuance of the cheque and its dishonour for insufficiency of funds were proved, the statutory presumptions under the Negotiable Instruments Act operated in favour of the holder, and the complainant's evidence with bank records also established service of the demand notice. A bare, inconsistent denial by the accused, unsupported by probable material, was held insufficient to rebut those presumptions on a preponderance of probabilities. The appellate acquittal was therefore set aside, the conviction under Section 138 was restored, and the custodial sentence was modified to a fine with default imprisonment and compensation to the complainant. en-us Wed, 30 Jun 2021 00:00:00 +0530 Fri, 09 Jul 2021 09:33:45 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=409498 Once issuance of the cheque and its dishonour for insufficiency of funds were proved, the statutory presumptions under the Negotiable Instruments Act operated in favour of the holder, and the complainant's evidence with bank records also established service of the demand notice. A bare, inconsistent denial by the accused, unsupported by probable material, was held insufficient to rebut those presumptions on a preponderance of probabilities. The appellate acquittal was therefore set aside, the conviction under Section 138 was restored, and the custodial sentence was modified to a fine with default imprisonment and compensation to the complainant. Case-Laws Indian Laws Wed, 30 Jun 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=409498