https://www.taxtmi.com/caselaws?id=773994 In a Section 138 NI Act prosecution, the Delhi HC held that the presumption of a legally enforceable debt was not rebutted on a preponderance of probabilities where the complainant's bank and tax records supported the loan, the accused admitted her signatures, produced no proof of repayment or misuse, and remained silent after notice. The conviction was therefore upheld. On sentence, the Court held that the fine was within jurisdiction because Section 138, as a special statute, authorises fine up to twice the cheque amount and prevails over the general limit in the Code of Criminal Procedure. The revision was dismissed and conviction and sentence were left undisturbed. en-us Sat, 28 Jun 2025 00:00:00 +0530 Wed, 02 Jul 2025 08:42:22 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=773994 In a Section 138 NI Act prosecution, the Delhi HC held that the presumption of a legally enforceable debt was not rebutted on a preponderance of probabilities where the complainant's bank and tax records supported the loan, the accused admitted her signatures, produced no proof of repayment or misuse, and remained silent after notice. The conviction was therefore upheld. On sentence, the Court held that the fine was within jurisdiction because Section 138, as a special statute, authorises fine up to twice the cheque amount and prevails over the general limit in the Code of Criminal Procedure. The revision was dismissed and conviction and sentence were left undisturbed. Case-Laws Indian Laws Sat, 28 Jun 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=773994