https://www.taxtmi.com/caselaws?id=446227 In a prosecution under the Negotiable Instruments Act, the undisputed cheque and signature triggered the presumptions under Sections 118(a) and 139 in favour of the complainant, but the presumption was rebutted on a preponderance of probabilities because the materials showed an outstanding liability of about Rs.8,99,000 against a cheque for Rs.9,99,000 and no explanation was offered for the extra Rs.1 lakh. That discrepancy was treated as going to the root of the claim and sufficient to establish a probable defence. Leave to appeal against the acquittal was therefore refused, and the acquittal was not disturbed. en-us Wed, 01 Nov 2023 00:00:00 +0530 Tue, 28 Nov 2023 09:52:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=446227 In a prosecution under the Negotiable Instruments Act, the undisputed cheque and signature triggered the presumptions under Sections 118(a) and 139 in favour of the complainant, but the presumption was rebutted on a preponderance of probabilities because the materials showed an outstanding liability of about Rs.8,99,000 against a cheque for Rs.9,99,000 and no explanation was offered for the extra Rs.1 lakh. That discrepancy was treated as going to the root of the claim and sufficient to establish a probable defence. Leave to appeal against the acquittal was therefore refused, and the acquittal was not disturbed. Case-Laws Indian Laws Wed, 01 Nov 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=446227