https://www.taxtmi.com/caselaws?id=308559 Issuance and dishonour of the cheque were admitted, so the statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act operated in favour of the complainant. The accused had to rebut them on a preponderance of probabilities with cogent evidence showing absence of debt or liability, but the alleged oral agreement for sale of plots was unsupported by documents and the claimed tape-recorded conversation was unreliable because it was not properly preserved, sealed, transcribed, or satisfactorily proved. The record did not show that the cheque was issued otherwise than in discharge of a legally enforceable liability, so the presumption remained unrebutted and conviction under Section 138 was warranted. en-us Mon, 12 Jan 2009 00:00:00 +0530 Tue, 04 Jul 2023 16:53:42 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=308559 Issuance and dishonour of the cheque were admitted, so the statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act operated in favour of the complainant. The accused had to rebut them on a preponderance of probabilities with cogent evidence showing absence of debt or liability, but the alleged oral agreement for sale of plots was unsupported by documents and the claimed tape-recorded conversation was unreliable because it was not properly preserved, sealed, transcribed, or satisfactorily proved. The record did not show that the cheque was issued otherwise than in discharge of a legally enforceable liability, so the presumption remained unrebutted and conviction under Section 138 was warranted. Case-Laws Indian Laws Mon, 12 Jan 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=308559