https://www.taxtmi.com/caselaws?id=444195 Once the drawer admitted the cheque and signature, the presumptions under Sections 118 and 139 of the Negotiable Instruments Act operated in favour of the complainant. The accused failed to rebut them by a probable defence on a preponderance of probabilities, relying only on inconsistent suggestions in cross-examination and his Section 313 statement, without defence evidence or supporting material. The courts below erred in requiring the complainant to prove the debt independently before the presumption was displaced. The acquittal was therefore unsustainable, and the conviction under Section 138 was restored. en-us Mon, 09 Oct 2023 00:00:00 +0530 Mon, 07 Jul 2025 13:27:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=444195 Once the drawer admitted the cheque and signature, the presumptions under Sections 118 and 139 of the Negotiable Instruments Act operated in favour of the complainant. The accused failed to rebut them by a probable defence on a preponderance of probabilities, relying only on inconsistent suggestions in cross-examination and his Section 313 statement, without defence evidence or supporting material. The courts below erred in requiring the complainant to prove the debt independently before the presumption was displaced. The acquittal was therefore unsustainable, and the conviction under Section 138 was restored. Case-Laws Indian Laws Mon, 09 Oct 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=444195