https://www.taxtmi.com/caselaws?id=447212 In a prosecution under Section 138 of the Negotiable Instruments Act, the statutory presumptions under Sections 118 and 139 operated in favour of the complainant once money advancement, cheque issuance, dishonour for insufficiency of funds, and service of notice were shown. The accused's plea of theft and forged signatures failed because it was unsupported by any police complaint, stop-payment instruction, or convincing rebuttal on a preponderance of probabilities, so cheque liability was established. Section 269SS of the Income-tax Act did not defeat enforceability of the loan claim, because any cash-loan irregularity did not bar the lender from recovering the amount or justify acquittal. The complaint succeeded and the conviction was affirmed. en-us Tue, 19 Dec 2023 00:00:00 +0530 Thu, 21 Dec 2023 09:27:28 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=447212 In a prosecution under Section 138 of the Negotiable Instruments Act, the statutory presumptions under Sections 118 and 139 operated in favour of the complainant once money advancement, cheque issuance, dishonour for insufficiency of funds, and service of notice were shown. The accused's plea of theft and forged signatures failed because it was unsupported by any police complaint, stop-payment instruction, or convincing rebuttal on a preponderance of probabilities, so cheque liability was established. Section 269SS of the Income-tax Act did not defeat enforceability of the loan claim, because any cash-loan irregularity did not bar the lender from recovering the amount or justify acquittal. The complaint succeeded and the conviction was affirmed. Case-Laws Indian Laws Tue, 19 Dec 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=447212