https://www.taxtmi.com/caselaws?id=757927 In a prosecution under Section 138 of the Negotiable Instruments Act, the foundational facts for invoking the statutory presumptions must first be proved, including cheque issuance, presentation within validity, dishonour, timely notice, and non-payment within the statutory period. The complainant failed to independently prove issuance of the cheques or the existence of a legally enforceable debt, as the cheque signature and issuance were not admitted and the alleged friendly loan remained unproved. The accused raised a probable defence that the cheques were lost with other documents and a police complaint had been lodged. Leave to appeal against acquittal was therefore not warranted, and the acquittal was upheld. en-us Thu, 14 Dec 2023 00:00:00 +0530 Thu, 05 Sep 2024 07:48:59 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=757927 In a prosecution under Section 138 of the Negotiable Instruments Act, the foundational facts for invoking the statutory presumptions must first be proved, including cheque issuance, presentation within validity, dishonour, timely notice, and non-payment within the statutory period. The complainant failed to independently prove issuance of the cheques or the existence of a legally enforceable debt, as the cheque signature and issuance were not admitted and the alleged friendly loan remained unproved. The accused raised a probable defence that the cheques were lost with other documents and a police complaint had been lodged. Leave to appeal against acquittal was therefore not warranted, and the acquittal was upheld. Case-Laws Indian Laws Thu, 14 Dec 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=757927