https://www.taxtmi.com/caselaws?id=445825 Once execution of the cheque and signature are proved, the presumptions under Sections 118(a) and 139 of the Negotiable Instruments Act operate in favour of the holder, and the accused must rebut them by raising a probable defence on a preponderance of probabilities. A plea that signed blank cheques were stolen and misused was found improbable because no prompt criminal action was taken, so the presumption of legally enforceable liability remained unrebutted. Revisional interference is confined to patent illegality, manifest error, or total misreading of the record, and none was shown. The concurrent conviction and sentence under Section 138 were therefore upheld. en-us Thu, 19 Oct 2023 00:00:00 +0530 Tue, 21 Nov 2023 08:31:28 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=445825 Once execution of the cheque and signature are proved, the presumptions under Sections 118(a) and 139 of the Negotiable Instruments Act operate in favour of the holder, and the accused must rebut them by raising a probable defence on a preponderance of probabilities. A plea that signed blank cheques were stolen and misused was found improbable because no prompt criminal action was taken, so the presumption of legally enforceable liability remained unrebutted. Revisional interference is confined to patent illegality, manifest error, or total misreading of the record, and none was shown. The concurrent conviction and sentence under Section 138 were therefore upheld. Case-Laws Indian Laws Thu, 19 Oct 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=445825