https://www.taxtmi.com/caselaws?id=437993 A voluntarily signed cheque attracts the statutory presumption of liability under Section 139 of the Negotiable Instruments Act, 1881, and a signed blank cheque, if voluntarily handed over, does not by itself negate enforceability. The presumption is rebuttable, but rebuttal must be assessed at trial on a preponderance of probabilities. Allegations of a cash transaction contrary to the Income-tax Act, 1961 were treated as reinforcing the illegality of the complainant's version, and continuation of the criminal proceedings was viewed as supporting an unlawful transaction. The FIR and consequent proceedings were therefore quashed as an abuse of process. en-us Fri, 05 May 2023 00:00:00 +0530 Sat, 20 May 2023 08:48:11 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=437993 A voluntarily signed cheque attracts the statutory presumption of liability under Section 139 of the Negotiable Instruments Act, 1881, and a signed blank cheque, if voluntarily handed over, does not by itself negate enforceability. The presumption is rebuttable, but rebuttal must be assessed at trial on a preponderance of probabilities. Allegations of a cash transaction contrary to the Income-tax Act, 1961 were treated as reinforcing the illegality of the complainant's version, and continuation of the criminal proceedings was viewed as supporting an unlawful transaction. The FIR and consequent proceedings were therefore quashed as an abuse of process. Case-Laws Indian Laws Fri, 05 May 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=437993