https://www.taxtmi.com/caselaws?id=773761 The HC upheld the trial court's acquittal in a dishonour of cheque case under Section 138 of the NI Act. The complainant's contradictory statements regarding when cheques were issued (2017 as security versus 2020 for discharge of liability) shifted the burden to prove legal liability. The complainant admitted cheques were issued as security in 2017 but failed to establish existence of liability on the date of presentation. The court held that when cheques are issued as security, Section 138 applies only if liability subsisted on presentation date. The complainant could not rely on mere presumption and failed to examine the accountant who filled the cheque details. The HC dismissed the leave to appeal application. en-us Wed, 25 Jun 2025 00:00:00 +0530 Sat, 28 Jun 2025 08:31:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=773761 The HC upheld the trial court's acquittal in a dishonour of cheque case under Section 138 of the NI Act. The complainant's contradictory statements regarding when cheques were issued (2017 as security versus 2020 for discharge of liability) shifted the burden to prove legal liability. The complainant admitted cheques were issued as security in 2017 but failed to establish existence of liability on the date of presentation. The court held that when cheques are issued as security, Section 138 applies only if liability subsisted on presentation date. The complainant could not rely on mere presumption and failed to examine the accountant who filled the cheque details. The HC dismissed the leave to appeal application. Case-Laws Indian Laws Wed, 25 Jun 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=773761