https://www.taxtmi.com/caselaws?id=304728 A statutory notice under the Negotiable Instruments Act must demand the legally recoverable amount due when issued; where part-payment had already been made and the notice omitted that payment while claiming more than the outstanding liability, the notice was treated as invalid and the acquittal was sustained. The statutory presumptions under Sections 138 and 139 operate once cheque execution is shown, but the accused may rebut them on a preponderance of probabilities. On the admitted part-payments, the transaction record, and the failure to establish an enforceable debt matching the cheque and notice, the defence was held sufficiently probable, so the acquittal was not disturbed. en-us Wed, 12 Jan 2022 00:00:00 +0530 Sat, 12 Nov 2022 11:49:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=304728 A statutory notice under the Negotiable Instruments Act must demand the legally recoverable amount due when issued; where part-payment had already been made and the notice omitted that payment while claiming more than the outstanding liability, the notice was treated as invalid and the acquittal was sustained. The statutory presumptions under Sections 138 and 139 operate once cheque execution is shown, but the accused may rebut them on a preponderance of probabilities. On the admitted part-payments, the transaction record, and the failure to establish an enforceable debt matching the cheque and notice, the defence was held sufficiently probable, so the acquittal was not disturbed. Case-Laws Indian Laws Wed, 12 Jan 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=304728