https://www.taxtmi.com/caselaws?id=756764 In a cheque dishonour prosecution, once execution of the cheque is admitted, the statutory presumption under the Negotiable Instruments Act operates in favour of the holder, but it remains rebuttable on a preponderance of probabilities. The accused may rebut it through the complainant's own materials and surrounding circumstances, and the complainant must still establish a legally enforceable debt or liability. On the facts discussed, contradictions in the complainant's version, the absence of supporting financial material, and inconsistencies with income-tax returns created serious doubt about the alleged loan transaction and rebutted the presumption. Concurrent acquittal is ordinarily not disturbed unless perversity, manifest illegality, or miscarriage of justice is shown. en-us Wed, 07 Aug 2024 00:00:00 +0530 Thu, 08 Aug 2024 11:49:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=756764 In a cheque dishonour prosecution, once execution of the cheque is admitted, the statutory presumption under the Negotiable Instruments Act operates in favour of the holder, but it remains rebuttable on a preponderance of probabilities. The accused may rebut it through the complainant's own materials and surrounding circumstances, and the complainant must still establish a legally enforceable debt or liability. On the facts discussed, contradictions in the complainant's version, the absence of supporting financial material, and inconsistencies with income-tax returns created serious doubt about the alleged loan transaction and rebutted the presumption. Concurrent acquittal is ordinarily not disturbed unless perversity, manifest illegality, or miscarriage of justice is shown. Case-Laws Indian Laws Wed, 07 Aug 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=756764