https://www.taxtmi.com/caselaws?id=445780 A signed blank cheque voluntarily issued attracts the presumption of liability under Section 139 of the Negotiable Instruments Act, 1881, and the accused must rebut it with cogent evidence or a probable defence. The Kerala HC held that the accused failed to displace the presumption because the complainant's documents showed payment of the cheque amount and there was no credible proof of a security-cheque or vehicle-loan theory. The Court also held that omission to put a non-incriminating circumstance in the Section 313 CrPC examination did not vitiate the trial in the absence of prejudice or miscarriage of justice. The conviction under Section 138 and the modified sentence were left undisturbed. en-us Tue, 07 Nov 2023 00:00:00 +0530 Mon, 27 Nov 2023 14:37:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=445780 A signed blank cheque voluntarily issued attracts the presumption of liability under Section 139 of the Negotiable Instruments Act, 1881, and the accused must rebut it with cogent evidence or a probable defence. The Kerala HC held that the accused failed to displace the presumption because the complainant's documents showed payment of the cheque amount and there was no credible proof of a security-cheque or vehicle-loan theory. The Court also held that omission to put a non-incriminating circumstance in the Section 313 CrPC examination did not vitiate the trial in the absence of prejudice or miscarriage of justice. The conviction under Section 138 and the modified sentence were left undisturbed. Case-Laws Indian Laws Tue, 07 Nov 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=445780