https://www.taxtmi.com/caselaws?id=303497 Admission of the cheque and the drawer's account triggered the presumptions under Sections 118 and 139 of the Negotiable Instruments Act, and the defence of misuse of an earlier cheque was found not probable. The finding that the loan had not become due was unsustainable on the facts, so the acquittal under Section 138 could not stand on the merits. At the same time, the complainant's authorization to file the complaint still required examination, and the appellate court allowed additional evidence under Section 391 CrPC to cure the omission and remitted the matter for limited evidence on maintainability. en-us Wed, 02 Mar 2022 00:00:00 +0530 Tue, 26 Jul 2022 20:34:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=303497 Admission of the cheque and the drawer's account triggered the presumptions under Sections 118 and 139 of the Negotiable Instruments Act, and the defence of misuse of an earlier cheque was found not probable. The finding that the loan had not become due was unsustainable on the facts, so the acquittal under Section 138 could not stand on the merits. At the same time, the complainant's authorization to file the complaint still required examination, and the appellate court allowed additional evidence under Section 391 CrPC to cure the omission and remitted the matter for limited evidence on maintainability. Case-Laws Indian Laws Wed, 02 Mar 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=303497