https://www.taxtmi.com/caselaws?id=430430 In a prosecution under Section 138 of the Negotiable Instruments Act, once issuance of the cheque, signature, dishonour and service of statutory notice are proved, the presumption under Section 139 arises in favour of the complainant, including the existence of a legally enforceable debt or liability. The accused must rebut that presumption by a probable defence on a preponderance of probabilities; mere denial, failure to reply to notice, or cross-examination that does not displace the presumption is insufficient. The note also states that a trial court must apply the reverse onus correctly and not shift the burden back to the complainant. 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 In a prosecution under Section 138 of the Negotiable Instruments Act, once issuance of the cheque, signature, dishonour and service of statutory notice are proved, the presumption under Section 139 arises in favour of the complainant, including the existence of a legally enforceable debt or liability. The accused must rebut that presumption by a probable defence on a preponderance of probabilities; mere denial, failure to reply to notice, or cross-examination that does not displace the presumption is insufficient. The note also states that a trial court must apply the reverse onus correctly and not shift the burden back to the complainant. Case-Laws Indian Laws Tue, 15 Nov 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=430430