https://www.taxtmi.com/caselaws?id=308567 Where execution of a cheque is admitted, presumptions under sections 118(a) and 139 of the Negotiable Instruments Act arise in favour of the holder, and the accused must rebut them by making a probable defence on a preponderance of probabilities. A bare claim that the cheque was issued in connection with an oral plot-sale arrangement, supported only by testimony without personal knowledge and without credible documentary material, was held insufficient. Once the presumptions remained unrebutted, the cheque was treated as issued towards a legally enforceable liability, the acquittal was found vitiated by legal error, and conviction under section 138 was sustained. en-us Wed, 31 Jan 2018 00:00:00 +0530 Tue, 04 Jul 2023 21:04:40 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=308567 Where execution of a cheque is admitted, presumptions under sections 118(a) and 139 of the Negotiable Instruments Act arise in favour of the holder, and the accused must rebut them by making a probable defence on a preponderance of probabilities. A bare claim that the cheque was issued in connection with an oral plot-sale arrangement, supported only by testimony without personal knowledge and without credible documentary material, was held insufficient. Once the presumptions remained unrebutted, the cheque was treated as issued towards a legally enforceable liability, the acquittal was found vitiated by legal error, and conviction under section 138 was sustained. Case-Laws Indian Laws Wed, 31 Jan 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=308567