https://www.taxtmi.com/caselaws?id=445471 In a prosecution under Section 138 of the Negotiable Instruments Act, the statutory presumption in favour of the cheque holder was treated as unrebutted because the accused denied issuance of the cheque but led no defence evidence and did not enter the witness box; a Section 313 CrPC statement alone was not treated as evidence, so the conviction was sustained. Since the compensation amount and compounding fee had been deposited, the Court exercised sentencing discretion and reduced the substantive custodial sentence from 12 months' simple imprisonment to imprisonment till rising of Court. en-us Fri, 03 Nov 2023 00:00:00 +0530 Thu, 09 Nov 2023 08:47:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=445471 In a prosecution under Section 138 of the Negotiable Instruments Act, the statutory presumption in favour of the cheque holder was treated as unrebutted because the accused denied issuance of the cheque but led no defence evidence and did not enter the witness box; a Section 313 CrPC statement alone was not treated as evidence, so the conviction was sustained. Since the compensation amount and compounding fee had been deposited, the Court exercised sentencing discretion and reduced the substantive custodial sentence from 12 months' simple imprisonment to imprisonment till rising of Court. Case-Laws Indian Laws Fri, 03 Nov 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=445471