https://www.taxtmi.com/caselaws?id=760289 Presumptions under Sections 118 and 139 of the Negotiable Instruments Act operated in favour of the cheque holder where issuance and signatures were admitted, dishonour for insufficiency of funds and service of statutory notice were proved, and the accused failed to rebut the case on a preponderance of probabilities. A cheque described as security remained enforceable when the underlying liability was not discharged. Revisional interference under Section 397 CrPC was unavailable because the court could not re-appreciate evidence absent glaring illegality or miscarriage of justice, so the conviction and sentence under Section 138 were sustained. en-us Thu, 03 Oct 2024 00:00:00 +0530 Fri, 18 Oct 2024 17:57:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=760289 Presumptions under Sections 118 and 139 of the Negotiable Instruments Act operated in favour of the cheque holder where issuance and signatures were admitted, dishonour for insufficiency of funds and service of statutory notice were proved, and the accused failed to rebut the case on a preponderance of probabilities. A cheque described as security remained enforceable when the underlying liability was not discharged. Revisional interference under Section 397 CrPC was unavailable because the court could not re-appreciate evidence absent glaring illegality or miscarriage of justice, so the conviction and sentence under Section 138 were sustained. Case-Laws Indian Laws Thu, 03 Oct 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=760289