https://www.taxtmi.com/caselaws?id=458246 Karnataka HC reversed trial court's acquittal in cheque dishonour case under Section 138 NI Act. Court held that accused failed to rebut statutory presumption under Section 139 with cogent evidence. Complainant established all ingredients for Section 138 offense including hand loan, cheque issuance for repayment, and dishonour. Accused's defense regarding daily payments lacked documentary proof and failed to create probable defense. HC convicted accused under Section 138, emphasizing that rebuttable presumption requires satisfactory evidence to shift burden of proof. en-us Mon, 02 Nov 2020 00:00:00 +0530 Thu, 17 Oct 2024 20:13:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458246 Karnataka HC reversed trial court's acquittal in cheque dishonour case under Section 138 NI Act. Court held that accused failed to rebut statutory presumption under Section 139 with cogent evidence. Complainant established all ingredients for Section 138 offense including hand loan, cheque issuance for repayment, and dishonour. Accused's defense regarding daily payments lacked documentary proof and failed to create probable defense. HC convicted accused under Section 138, emphasizing that rebuttable presumption requires satisfactory evidence to shift burden of proof. Case-Laws Indian Laws Mon, 02 Nov 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458246