https://www.taxtmi.com/caselaws?id=443996 The Madras HC held that, in a prosecution for dishonour of cheque under Section 138 of the Negotiable Instruments Act, the complainant having proved issuance, presentation and dishonour of the cheque, the statutory presumption under Section 139 operated in the complainant's favour. The accused admitted the signature and issuance, but failed to rebut the presumption on a preponderance of probabilities. The alleged prior repayment and misuse of a blank signed cheque were not supported by reliable evidence, as the receipt did not mention cheque particulars and the claimed witness was not examined. The conviction was therefore upheld. en-us Thu, 07 Sep 2023 00:00:00 +0530 Fri, 06 Oct 2023 14:28:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=443996 The Madras HC held that, in a prosecution for dishonour of cheque under Section 138 of the Negotiable Instruments Act, the complainant having proved issuance, presentation and dishonour of the cheque, the statutory presumption under Section 139 operated in the complainant's favour. The accused admitted the signature and issuance, but failed to rebut the presumption on a preponderance of probabilities. The alleged prior repayment and misuse of a blank signed cheque were not supported by reliable evidence, as the receipt did not mention cheque particulars and the claimed witness was not examined. The conviction was therefore upheld. Case-Laws Indian Laws Thu, 07 Sep 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=443996