https://www.taxtmi.com/caselaws?id=413473 In a prosecution under Section 138 of the Negotiable Instruments Act, the cheque was treated as unlikely to have been issued for the alleged later loan because the cheque number and cheque-book entries supported the defence that it was only security for an earlier transaction. The accused rebutted the Section 139 presumption by pointing to the earlier liability, its claimed discharge, and supporting documents, after which the complainant had to prove a legally enforceable debt and failed to do so. The trial court's reliance on admitted signatures under Section 73 of the Evidence Act was found sustainable, and the acquittal was upheld. en-us Tue, 31 Aug 2021 00:00:00 +0530 Wed, 13 Oct 2021 12:15:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=413473 In a prosecution under Section 138 of the Negotiable Instruments Act, the cheque was treated as unlikely to have been issued for the alleged later loan because the cheque number and cheque-book entries supported the defence that it was only security for an earlier transaction. The accused rebutted the Section 139 presumption by pointing to the earlier liability, its claimed discharge, and supporting documents, after which the complainant had to prove a legally enforceable debt and failed to do so. The trial court's reliance on admitted signatures under Section 73 of the Evidence Act was found sustainable, and the acquittal was upheld. Case-Laws Indian Laws Tue, 31 Aug 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=413473