https://www.taxtmi.com/caselaws?id=418599 In a cheque dishonour prosecution, once issuance and dishonour of the cheque are admitted, the statutory presumption under the Negotiable Instruments Act operates and the accused must rebut it by showing that the cheque was not issued towards a debt or liability. The Court found that the trial court had misapplied the burden of proof, so the acquittal was unsustainable and was set aside. The complaint was also found to have been filed within the prescribed limitation period. The matter was remanded for a fresh decision on the existing evidence after hearing the parties. en-us Fri, 11 Feb 2022 00:00:00 +0530 Sat, 19 Feb 2022 18:44:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=418599 In a cheque dishonour prosecution, once issuance and dishonour of the cheque are admitted, the statutory presumption under the Negotiable Instruments Act operates and the accused must rebut it by showing that the cheque was not issued towards a debt or liability. The Court found that the trial court had misapplied the burden of proof, so the acquittal was unsustainable and was set aside. The complaint was also found to have been filed within the prescribed limitation period. The matter was remanded for a fresh decision on the existing evidence after hearing the parties. Case-Laws Indian Laws Fri, 11 Feb 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=418599