https://www.taxtmi.com/caselaws?id=421480 In a Section 138 NI Act prosecution, admitted execution of the cheque triggered the presumptions under Sections 118 and 139 in favour of the complainant. The accused's plea that the cheque was lost failed because it was unsupported by any independent evidence, police complaint, bank record, or witness testimony, and did not rebut the presumption on a preponderance of probabilities. The appellate court was held to have wrongly shifted the burden onto the complainant on financial capacity and to have ignored settled cheque dishonour principles. The acquittal was set aside, conviction restored, and substantive imprisonment replaced by fine while compensation was maintained. en-us Mon, 28 Mar 2022 00:00:00 +0530 Tue, 26 Apr 2022 08:15:11 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=421480 In a Section 138 NI Act prosecution, admitted execution of the cheque triggered the presumptions under Sections 118 and 139 in favour of the complainant. The accused's plea that the cheque was lost failed because it was unsupported by any independent evidence, police complaint, bank record, or witness testimony, and did not rebut the presumption on a preponderance of probabilities. The appellate court was held to have wrongly shifted the burden onto the complainant on financial capacity and to have ignored settled cheque dishonour principles. The acquittal was set aside, conviction restored, and substantive imprisonment replaced by fine while compensation was maintained. Case-Laws Indian Laws Mon, 28 Mar 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=421480