https://www.taxtmi.com/caselaws?id=777149 For an offence under Section 138 of the Negotiable Instruments Act, the cheque must be proved to have been issued in discharge of a legally enforceable debt, and that foundational fact cannot rest on the statutory presumption alone. Where the complainant's own evidence creates a reasonable doubt about the identity of the creditor concern and the subsistence of liability, the presumption is rebutted and the burden is not discharged. The text also notes that revisional interference is justified where lower courts ignore this core requirement. en-us Mon, 18 Aug 2025 00:00:00 +0530 Tue, 26 Aug 2025 08:41:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=777149 For an offence under Section 138 of the Negotiable Instruments Act, the cheque must be proved to have been issued in discharge of a legally enforceable debt, and that foundational fact cannot rest on the statutory presumption alone. Where the complainant's own evidence creates a reasonable doubt about the identity of the creditor concern and the subsistence of liability, the presumption is rebutted and the burden is not discharged. The text also notes that revisional interference is justified where lower courts ignore this core requirement. Case-Laws Indian Laws Mon, 18 Aug 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=777149