https://www.taxtmi.com/caselaws?id=795550 A defective accusation under Section 251 that identifies a cheque and liability different from the complaint undermines the accused's ability to defend and creates incurable prejudice not saved by Section 465. Although admission of signature raises a rebuttable presumption of legally enforceable debt, failure to prove the asserted source of loan funds, including non-examination of the source witness, may rebut that presumption on a preponderance of probabilities. A signed cheque issued within three years may acknowledge and renew limitation, and dispatch of demand notice to verified addresses supports presumed service. Full compensation deposit, elapsed time and foundational procedural defects may make further custody unnecessary. en-us Wed, 15 Jul 2026 00:00:00 +0530 Fri, 24 Jul 2026 08:36:17 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=795550 A defective accusation under Section 251 that identifies a cheque and liability different from the complaint undermines the accused's ability to defend and creates incurable prejudice not saved by Section 465. Although admission of signature raises a rebuttable presumption of legally enforceable debt, failure to prove the asserted source of loan funds, including non-examination of the source witness, may rebut that presumption on a preponderance of probabilities. A signed cheque issued within three years may acknowledge and renew limitation, and dispatch of demand notice to verified addresses supports presumed service. Full compensation deposit, elapsed time and foundational procedural defects may make further custody unnecessary. Case-Laws Indian Laws Wed, 15 Jul 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=795550