https://www.taxtmi.com/caselaws?id=753385 Under the Negotiable Instruments Act, a cheque attracts Section 138 only if, at presentation, it represents a legally enforceable debt. The Kerala HC text states that part payment after issuance of the cheque, together with evidence indicating that the balance liability was reflected in a later cheque, rebutted the presumptions under Sections 118(a) and 139. The accused succeeded on a preponderance of probabilities by showing a probable defence, and the burden shifted back to the complainant, who failed to prove enforceable liability at encashment. en-us Thu, 11 Apr 2024 00:00:00 +0530 Fri, 31 May 2024 08:38:58 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=753385 Under the Negotiable Instruments Act, a cheque attracts Section 138 only if, at presentation, it represents a legally enforceable debt. The Kerala HC text states that part payment after issuance of the cheque, together with evidence indicating that the balance liability was reflected in a later cheque, rebutted the presumptions under Sections 118(a) and 139. The accused succeeded on a preponderance of probabilities by showing a probable defence, and the burden shifted back to the complainant, who failed to prove enforceable liability at encashment. Case-Laws Indian Laws Thu, 11 Apr 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=753385