https://www.taxtmi.com/caselaws?id=430430 Section 139 of the Negotiable Instruments Act raises a presumption of a legally enforceable debt once cheque issuance, signature, dishonour and service of statutory notice are established. The accused must rebut this presumption through a probable defence on the preponderance of probabilities, including material from the complainant's evidence; mere denial is insufficient. Failure to reply to the statutory notice strengthens the complainant's position. Where cross-examination does not disclose a probable defence, the reverse onus remains undischarged. Treating such a defence as sufficient and placing the burden back on the complainant misapplies the statutory presumption; an acquittal on that basis is liable to interference and conviction under Section 138 is warranted. en-us Tue, 15 Nov 2022 00:00:00 +0530 Sat, 19 Nov 2022 08:58:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=430430 Section 139 of the Negotiable Instruments Act raises a presumption of a legally enforceable debt once cheque issuance, signature, dishonour and service of statutory notice are established. The accused must rebut this presumption through a probable defence on the preponderance of probabilities, including material from the complainant's evidence; mere denial is insufficient. Failure to reply to the statutory notice strengthens the complainant's position. Where cross-examination does not disclose a probable defence, the reverse onus remains undischarged. Treating such a defence as sufficient and placing the burden back on the complainant misapplies the statutory presumption; an acquittal on that basis is liable to interference and conviction under Section 138 is warranted. Case-Laws Indian Laws Tue, 15 Nov 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=430430