https://www.taxtmi.com/caselaws?id=312464 Where a payee receives part payment after dishonour of a cheque, the statutory presumption under Section 139 of the Negotiable Instruments Act can be rebutted if the reduced liability is proved. On these facts, the payee could not insist on the full cheque amount without a fresh or adjusted cheque, so prosecution under Section 138 was not maintainable. The ingredients of cheating under Section 420 IPC were also absent because no further liability beyond the admitted payment was shown. The concurrent convictions were set aside and the accused was acquitted. en-us Mon, 25 Sep 2006 00:00:00 +0530 Tue, 20 Feb 2024 11:15:14 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=312464 Where a payee receives part payment after dishonour of a cheque, the statutory presumption under Section 139 of the Negotiable Instruments Act can be rebutted if the reduced liability is proved. On these facts, the payee could not insist on the full cheque amount without a fresh or adjusted cheque, so prosecution under Section 138 was not maintainable. The ingredients of cheating under Section 420 IPC were also absent because no further liability beyond the admitted payment was shown. The concurrent convictions were set aside and the accused was acquitted. Case-Laws Indian Laws Mon, 25 Sep 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=312464