https://www.taxtmi.com/caselaws?id=445024 In cheque dishonour prosecutions under Section 138 of the Negotiable Instruments Act, revisional interference is confined to manifest illegality, perversity, gross error, or palpable misreading of the record. The text explains that where lower courts fail to meaningfully assess material evidence, including defence evidence and foundational facts of liability, concurrent findings may be vulnerable in revision. It also states that the presumptions under Sections 118(a) and 139 are rebuttable on a preponderance of probabilities, and a probable defence, such as issuance of cheques as security and uncertainty over a legally enforceable debt, can displace liability. The matter was remitted for fresh appellate consideration. en-us Mon, 09 Oct 2023 00:00:00 +0530 Sun, 29 Oct 2023 20:30:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=445024 In cheque dishonour prosecutions under Section 138 of the Negotiable Instruments Act, revisional interference is confined to manifest illegality, perversity, gross error, or palpable misreading of the record. The text explains that where lower courts fail to meaningfully assess material evidence, including defence evidence and foundational facts of liability, concurrent findings may be vulnerable in revision. It also states that the presumptions under Sections 118(a) and 139 are rebuttable on a preponderance of probabilities, and a probable defence, such as issuance of cheques as security and uncertainty over a legally enforceable debt, can displace liability. The matter was remitted for fresh appellate consideration. Case-Laws Indian Laws Mon, 09 Oct 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=445024