https://www.taxtmi.com/caselaws?id=458280 Once execution and issuance of a cheque are proved, the presumptions of consideration and legally enforceable debt under the Negotiable Instruments Act arise, and they can be displaced only by a probable defence supported by material evidence; a bare denial or unsupported statement is insufficient, so the presumption remained unrebutted. For vicarious liability in a cheque prosecution involving a firm, the firm must be arraigned as an accused before liability can be fastened on a partner; because the complaint proceeded only against the partner and not the firm, the prosecution was not maintainable. The appeal therefore failed and the acquittal was maintained. en-us Wed, 03 Mar 2021 00:00:00 +0530 Fri, 18 Oct 2024 19:52:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458280 Once execution and issuance of a cheque are proved, the presumptions of consideration and legally enforceable debt under the Negotiable Instruments Act arise, and they can be displaced only by a probable defence supported by material evidence; a bare denial or unsupported statement is insufficient, so the presumption remained unrebutted. For vicarious liability in a cheque prosecution involving a firm, the firm must be arraigned as an accused before liability can be fastened on a partner; because the complaint proceeded only against the partner and not the firm, the prosecution was not maintainable. The appeal therefore failed and the acquittal was maintained. Case-Laws Indian Laws Wed, 03 Mar 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458280