https://www.taxtmi.com/caselaws?id=759955 Where cheque issuance and signatures are admitted, the drawer must rebut the statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act by a probable defence on the preponderance of probabilities; here, the accused failed to substantiate the plea of a smaller loan and repayment, so the presumptions remained unrebutted. A cheque issued as security can still attract Section 138 when it is presented against an existing enforceable liability, and in revision the concurrent findings were not disturbed because no patent illegality or miscarriage of justice was shown. The conviction and sentence were sustained. en-us Thu, 26 Sep 2024 00:00:00 +0530 Mon, 14 Oct 2024 08:43:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=759955 Where cheque issuance and signatures are admitted, the drawer must rebut the statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act by a probable defence on the preponderance of probabilities; here, the accused failed to substantiate the plea of a smaller loan and repayment, so the presumptions remained unrebutted. A cheque issued as security can still attract Section 138 when it is presented against an existing enforceable liability, and in revision the concurrent findings were not disturbed because no patent illegality or miscarriage of justice was shown. The conviction and sentence were sustained. Case-Laws Indian Laws Thu, 26 Sep 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=759955