https://www.taxtmi.com/caselaws?id=763253 In a Section 138 prosecution under the Negotiable Instruments Act, the Court reiterated that once issuance and signature on the cheque are admitted, presumptions under Sections 118 and 139 operate in favour of the holder, and the accused must rebut them by a probable defence on a preponderance of probabilities. The accused's challenge failed because the defence version was inconsistent and the concurrent findings showed no perversity, no absence of evidence, and no legal infirmity; the conviction was therefore maintained. On sentence, the Court exercised discretion in the interests of justice and reduced the custodial term to the period already undergone, while keeping the fine and compensation intact. en-us Thu, 12 Dec 2024 00:00:00 +0530 Mon, 16 Dec 2024 15:16:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=763253 In a Section 138 prosecution under the Negotiable Instruments Act, the Court reiterated that once issuance and signature on the cheque are admitted, presumptions under Sections 118 and 139 operate in favour of the holder, and the accused must rebut them by a probable defence on a preponderance of probabilities. The accused's challenge failed because the defence version was inconsistent and the concurrent findings showed no perversity, no absence of evidence, and no legal infirmity; the conviction was therefore maintained. On sentence, the Court exercised discretion in the interests of justice and reduced the custodial term to the period already undergone, while keeping the fine and compensation intact. Case-Laws Indian Laws Thu, 12 Dec 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=763253