https://www.taxtmi.com/caselaws?id=427479 Admission of the cheque and signature in a Section 138 Negotiable Instruments Act prosecution triggered the rebuttable presumptions under Sections 118 and 139 that the cheque was issued for consideration and in discharge of a legally enforceable liability. The accused then bore the burden of rebutting those presumptions on a preponderance of probabilities, but no probable defence, reply notice, or material rebuttal was shown. The courts below erred by placing the primary burden on the complainant to prove the debt independently despite the reverse onus. The acquittal was set aside, and the complaint was held proved, warranting conviction and sentence. en-us Thu, 01 Sep 2022 00:00:00 +0530 Fri, 09 Sep 2022 16:40:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=427479 Admission of the cheque and signature in a Section 138 Negotiable Instruments Act prosecution triggered the rebuttable presumptions under Sections 118 and 139 that the cheque was issued for consideration and in discharge of a legally enforceable liability. The accused then bore the burden of rebutting those presumptions on a preponderance of probabilities, but no probable defence, reply notice, or material rebuttal was shown. The courts below erred by placing the primary burden on the complainant to prove the debt independently despite the reverse onus. The acquittal was set aside, and the complaint was held proved, warranting conviction and sentence. Case-Laws Indian Laws Thu, 01 Sep 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=427479