https://www.taxtmi.com/caselaws?id=313698 The HC overturned the trial court's acquittal of the accused in a cheque dishonour case under Section 138 of the NI Act. The HC found that the accused failed to rebut the statutory presumption under Section 139 that the cheque was issued for discharge of debt. Despite opportunities during cross-examination, the accused provided no contrary evidence and did not testify. The trial court's reasoning that an oral agreement lacked evidence was flawed, as oral agreements inherently lack documentary proof. The accused's partial payment during trial proceedings further supported liability. The HC convicted the accused, set aside the acquittal, and allowed the appeal. en-us Thu, 30 Aug 2018 00:00:00 +0530 Mon, 29 Apr 2024 19:02:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=313698 The HC overturned the trial court's acquittal of the accused in a cheque dishonour case under Section 138 of the NI Act. The HC found that the accused failed to rebut the statutory presumption under Section 139 that the cheque was issued for discharge of debt. Despite opportunities during cross-examination, the accused provided no contrary evidence and did not testify. The trial court's reasoning that an oral agreement lacked evidence was flawed, as oral agreements inherently lack documentary proof. The accused's partial payment during trial proceedings further supported liability. The HC convicted the accused, set aside the acquittal, and allowed the appeal. Case-Laws Indian Laws Thu, 30 Aug 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=313698