https://www.taxtmi.com/caselaws?id=450618 Under Section 138 of the Negotiable Instruments Act, 1881, the statutory presumption under Section 139 is rebuttable on a preponderance of probabilities, and the accused can displace it by showing a probable defence such as compromise and payment. In summons trial, incriminating circumstances, including alleged service of demand notice, must be put to the accused for explanation before reliance is placed on them; otherwise adverse inference is not ordinarily available. The text also states that where part payment is made before presentation of the cheque, the cheque may no longer represent the legally enforceable debt, and without endorsement under Section 56 the prosecution may fail on the original cheque amount. en-us Thu, 07 Mar 2024 00:00:00 +0530 Sat, 09 Mar 2024 07:36:22 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=450618 Under Section 138 of the Negotiable Instruments Act, 1881, the statutory presumption under Section 139 is rebuttable on a preponderance of probabilities, and the accused can displace it by showing a probable defence such as compromise and payment. In summons trial, incriminating circumstances, including alleged service of demand notice, must be put to the accused for explanation before reliance is placed on them; otherwise adverse inference is not ordinarily available. The text also states that where part payment is made before presentation of the cheque, the cheque may no longer represent the legally enforceable debt, and without endorsement under Section 56 the prosecution may fail on the original cheque amount. Case-Laws Indian Laws Thu, 07 Mar 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=450618