https://www.taxtmi.com/caselaws?id=297117 A complaint by one partner of a registered partnership firm is maintainable where the other partner has authorised conduct of the business and prosecution of proceedings. In a cheque dishonour case, the complainant may establish a legally enforceable debt and lending capacity through licence, partnership deed, cash book, ledger and related records; a bank balance in one account does not by itself negate capacity to lend. The accused must rebut the statutory presumption with cogent evidence, and a bare claim that the cheque was only a security cheque or that an old printed year appears on the leaf is insufficient. The note states that the presumption remained unrebutted and the prosecution case was accepted. en-us Fri, 21 Dec 2018 00:00:00 +0530 Thu, 19 Aug 2021 23:18:58 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=297117 A complaint by one partner of a registered partnership firm is maintainable where the other partner has authorised conduct of the business and prosecution of proceedings. In a cheque dishonour case, the complainant may establish a legally enforceable debt and lending capacity through licence, partnership deed, cash book, ledger and related records; a bank balance in one account does not by itself negate capacity to lend. The accused must rebut the statutory presumption with cogent evidence, and a bare claim that the cheque was only a security cheque or that an old printed year appears on the leaf is insufficient. The note states that the presumption remained unrebutted and the prosecution case was accepted. Case-Laws Indian Laws Fri, 21 Dec 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=297117