https://www.taxtmi.com/caselaws?id=418636 In a cheque dishonour prosecution, conviction under Section 138 of the Negotiable Instruments Act cannot stand unless the complainant first proves a credible legally enforceable debt. The complainant's document supported only a liability of Rs. 12,00,000, not the larger amount claimed, and the endorsements and related payments were found unreliable and insufficiently coherent. On that basis, the statutory presumption under Section 139 was not attracted for the full alleged liability, and inconsistencies in the defence could not cure the failure to establish the foundational debt. The conviction was therefore held unsustainable and the accused was acquitted. en-us Thu, 27 Jan 2022 00:00:00 +0530 Tue, 22 Feb 2022 07:21:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=418636 In a cheque dishonour prosecution, conviction under Section 138 of the Negotiable Instruments Act cannot stand unless the complainant first proves a credible legally enforceable debt. The complainant's document supported only a liability of Rs. 12,00,000, not the larger amount claimed, and the endorsements and related payments were found unreliable and insufficiently coherent. On that basis, the statutory presumption under Section 139 was not attracted for the full alleged liability, and inconsistencies in the defence could not cure the failure to establish the foundational debt. The conviction was therefore held unsustainable and the accused was acquitted. Case-Laws Indian Laws Thu, 27 Jan 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=418636