https://www.taxtmi.com/caselaws?id=421809 A cheque issued as security can still attract liability under the Negotiable Instruments Act when the underlying loan has matured and remains unpaid. The complainant's loan agreement and supporting evidence were treated as showing a legally recoverable debt, while the accused failed to produce material of repayment or any circumstance showing that the cheque had not become enforceable. The challenge to the complainant's financial capacity also failed, as business activity and vehicle ownership supported the lending version and the defence did not rebut it on a preponderance of probabilities. On that reasoning, dishonour was treated as constituting liability and the acquittal was set aside. en-us Fri, 22 Apr 2022 00:00:00 +0530 Tue, 03 May 2022 08:21:31 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=421809 A cheque issued as security can still attract liability under the Negotiable Instruments Act when the underlying loan has matured and remains unpaid. The complainant's loan agreement and supporting evidence were treated as showing a legally recoverable debt, while the accused failed to produce material of repayment or any circumstance showing that the cheque had not become enforceable. The challenge to the complainant's financial capacity also failed, as business activity and vehicle ownership supported the lending version and the defence did not rebut it on a preponderance of probabilities. On that reasoning, dishonour was treated as constituting liability and the acquittal was set aside. Case-Laws Indian Laws Fri, 22 Apr 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=421809