https://www.taxtmi.com/caselaws?id=769400 Once execution of the cheque and signature are admitted, Sections 118(a) and 139 of the Negotiable Instruments Act create a rebuttable presumption that the cheque was issued for consideration and in discharge of a debt or liability. The accused need only raise a probable defence on a preponderance of probabilities, including from the complainant's own evidence and surrounding circumstances, to shift the burden back. On the facts, the accused relied on a prior smaller loan, a settlement memorandum, a police complaint about missing cheques, and circumstances suggesting post-repayment presentation. The complainant then failed to prove the alleged loan transaction with reliable material, so the statutory presumptions were rebutted and the acquittal was restored. en-us Tue, 22 Apr 2025 00:00:00 +0530 Mon, 11 May 2026 18:10:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=769400 Once execution of the cheque and signature are admitted, Sections 118(a) and 139 of the Negotiable Instruments Act create a rebuttable presumption that the cheque was issued for consideration and in discharge of a debt or liability. The accused need only raise a probable defence on a preponderance of probabilities, including from the complainant's own evidence and surrounding circumstances, to shift the burden back. On the facts, the accused relied on a prior smaller loan, a settlement memorandum, a police complaint about missing cheques, and circumstances suggesting post-repayment presentation. The complainant then failed to prove the alleged loan transaction with reliable material, so the statutory presumptions were rebutted and the acquittal was restored. Case-Laws Indian Laws Tue, 22 Apr 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=769400