https://www.taxtmi.com/caselaws?id=757000 Section 139 of the Negotiable Instruments Act creates a rebuttable presumption that cheque issuance was for a legally enforceable debt or liability, but the accused can rebut it on a preponderance of probabilities by raising a probable defence. Here, admission of signatures, dishonour, and notice service attracted the presumption, yet the defence that the cheques were issued as security, the loan had been repaid in cash, and the complainant's account of separate cash transactions was doubtful was found plausible. The complainant also failed to prove the source and availability of funds. In leave-to-appeal proceedings, the acquittal under Section 138 was not shown to suffer from substantial or compelling error, so interference was declined. en-us Wed, 31 Jul 2024 00:00:00 +0530 Wed, 14 Aug 2024 08:31:22 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=757000 Section 139 of the Negotiable Instruments Act creates a rebuttable presumption that cheque issuance was for a legally enforceable debt or liability, but the accused can rebut it on a preponderance of probabilities by raising a probable defence. Here, admission of signatures, dishonour, and notice service attracted the presumption, yet the defence that the cheques were issued as security, the loan had been repaid in cash, and the complainant's account of separate cash transactions was doubtful was found plausible. The complainant also failed to prove the source and availability of funds. In leave-to-appeal proceedings, the acquittal under Section 138 was not shown to suffer from substantial or compelling error, so interference was declined. Case-Laws Indian Laws Wed, 31 Jul 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=757000