https://www.taxtmi.com/caselaws?id=768770 The Delhi HC set aside the acquittal of an accused in a dishonour of cheque case under Section 138 of the NI Act. The trial court had erroneously held that the accused successfully rebutted the presumption under Section 139 of the NI Act by claiming the signed cheques were stolen from his office drawer. The HC found that the accused failed to provide any evidence to corroborate his claim of theft or misuse of cheques. The court emphasized that mere denial of liability is insufficient to dislodge the statutory presumptions under Sections 118 and 139 of the NI Act. The burden remained on the accused to rebut these presumptions, not on the complainant to prove financial capacity to advance the loan. en-us Tue, 01 Apr 2025 00:00:00 +0530 Mon, 14 Apr 2025 08:36:09 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=768770 The Delhi HC set aside the acquittal of an accused in a dishonour of cheque case under Section 138 of the NI Act. The trial court had erroneously held that the accused successfully rebutted the presumption under Section 139 of the NI Act by claiming the signed cheques were stolen from his office drawer. The HC found that the accused failed to provide any evidence to corroborate his claim of theft or misuse of cheques. The court emphasized that mere denial of liability is insufficient to dislodge the statutory presumptions under Sections 118 and 139 of the NI Act. The burden remained on the accused to rebut these presumptions, not on the complainant to prove financial capacity to advance the loan. Case-Laws Indian Laws Tue, 01 Apr 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=768770