https://www.taxtmi.com/caselaws?id=438717 In a prosecution under the Negotiable Instruments Act, admission of cheque execution and signatures, together with proof of dishonour, notice and non-payment, triggered the statutory presumptions in favour of the cheque holder. The accused failed to rebut those presumptions with cogent evidence. A plea that the cheque was only a security cheque for an earlier loan, or that the debt had already been repaid, did not succeed because the record did not satisfactorily prove discharge of liability or return of the cheque. The ingredients of the offence under Section 138 were therefore established and the acquittal was held unsustainable. en-us Tue, 06 Jun 2023 00:00:00 +0530 Thu, 08 Jun 2023 09:06:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=438717 In a prosecution under the Negotiable Instruments Act, admission of cheque execution and signatures, together with proof of dishonour, notice and non-payment, triggered the statutory presumptions in favour of the cheque holder. The accused failed to rebut those presumptions with cogent evidence. A plea that the cheque was only a security cheque for an earlier loan, or that the debt had already been repaid, did not succeed because the record did not satisfactorily prove discharge of liability or return of the cheque. The ingredients of the offence under Section 138 were therefore established and the acquittal was held unsustainable. Case-Laws Indian Laws Tue, 06 Jun 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=438717