https://www.taxtmi.com/caselaws?id=757860 Admission of the drawer's signature on a cheque attracts the Section 139 presumption that it was issued for a legally enforceable debt or liability, and the evidential burden then shifts to the accused to rebut that presumption. The complaint had established the foundational ingredients of cheque dishonour, including issuance, presentation, dishonour, notice, and non-payment, while the accused did not enter the witness-box and failed to displace the presumption. The court also noted that Section 138 permits imprisonment up to two years, fine up to twice the cheque amount, or both, and treated the technical objection about challenging a common order by separate petitions as non-fatal. en-us Fri, 23 Aug 2024 00:00:00 +0530 Wed, 04 Sep 2024 08:17:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=757860 Admission of the drawer's signature on a cheque attracts the Section 139 presumption that it was issued for a legally enforceable debt or liability, and the evidential burden then shifts to the accused to rebut that presumption. The complaint had established the foundational ingredients of cheque dishonour, including issuance, presentation, dishonour, notice, and non-payment, while the accused did not enter the witness-box and failed to displace the presumption. The court also noted that Section 138 permits imprisonment up to two years, fine up to twice the cheque amount, or both, and treated the technical objection about challenging a common order by separate petitions as non-fatal. Case-Laws Indian Laws Fri, 23 Aug 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=757860