https://www.taxtmi.com/caselaws?id=303025 Once issuance of the cheque and its dishonour were proved, Sections 118 and 139 raised a rebuttable presumption of legally enforceable debt in favour of the complainant, which the accused failed to displace by any probable defence on a preponderance of probabilities. The appellate acquittal was found unsustainable because the evidence supported the prosecution version, including cheque presentation, dishonour, statutory notice and non-reply. The enhanced punishment introduced in Section 138 after the 2002 complaint was held inapplicable because penal provisions are not retrospective. Compensation was considered justified in view of the proved dishonour and the failed defence, and the sentence was modified accordingly. en-us Thu, 15 Mar 2018 00:00:00 +0530 Wed, 29 Jun 2022 20:59:26 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=303025 Once issuance of the cheque and its dishonour were proved, Sections 118 and 139 raised a rebuttable presumption of legally enforceable debt in favour of the complainant, which the accused failed to displace by any probable defence on a preponderance of probabilities. The appellate acquittal was found unsustainable because the evidence supported the prosecution version, including cheque presentation, dishonour, statutory notice and non-reply. The enhanced punishment introduced in Section 138 after the 2002 complaint was held inapplicable because penal provisions are not retrospective. Compensation was considered justified in view of the proved dishonour and the failed defence, and the sentence was modified accordingly. Case-Laws Indian Laws Thu, 15 Mar 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=303025