https://www.taxtmi.com/caselaws?id=421683 The statutory presumption under the Negotiable Instruments Act on admitted cheque execution is rebuttable, and the drawer may displace it by showing a probable defence on the preponderance of probabilities, including through the complainant's own evidence and surrounding circumstances. In a cheque dishonour prosecution based on an alleged friendly loan, failure to prove the source of funds, lack of supporting documents, non-production of material witnesses, and related inconsistencies were treated as sufficient to rebut the presumption and to show absence of a legally enforceable debt. In appeal against acquittal, interference is justified only if the trial court's view is perverse or manifestly unreasonable. No such defect was shown, so the acquittal was maintained. en-us Thu, 21 Apr 2022 00:00:00 +0530 Sat, 30 Apr 2022 08:08:54 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=421683 The statutory presumption under the Negotiable Instruments Act on admitted cheque execution is rebuttable, and the drawer may displace it by showing a probable defence on the preponderance of probabilities, including through the complainant's own evidence and surrounding circumstances. In a cheque dishonour prosecution based on an alleged friendly loan, failure to prove the source of funds, lack of supporting documents, non-production of material witnesses, and related inconsistencies were treated as sufficient to rebut the presumption and to show absence of a legally enforceable debt. In appeal against acquittal, interference is justified only if the trial court's view is perverse or manifestly unreasonable. No such defect was shown, so the acquittal was maintained. Case-Laws Indian Laws Thu, 21 Apr 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=421683