https://www.taxtmi.com/caselaws?id=430067 Where execution of a cheque is admitted or not credibly disputed, the presumption under Section 139 of the Negotiable Instruments Act operates in favour of the holder, and the accused must rebut it on a preponderance of probabilities. Here, the drawer did not dispute the signature, did not plead a lost or forged cheque, and led no evidence or documents to raise a probable defence. Objections about the complainant's source of funds, missing documents, and difference in ink were held insufficient to displace the statutory presumption. The acquittal under Section 138 was therefore unsustainable, and the conviction and sentence were restored. en-us Mon, 07 Nov 2022 00:00:00 +0530 Thu, 10 Nov 2022 09:19:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=430067 Where execution of a cheque is admitted or not credibly disputed, the presumption under Section 139 of the Negotiable Instruments Act operates in favour of the holder, and the accused must rebut it on a preponderance of probabilities. Here, the drawer did not dispute the signature, did not plead a lost or forged cheque, and led no evidence or documents to raise a probable defence. Objections about the complainant's source of funds, missing documents, and difference in ink were held insufficient to displace the statutory presumption. The acquittal under Section 138 was therefore unsustainable, and the conviction and sentence were restored. Case-Laws Indian Laws Mon, 07 Nov 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=430067