https://www.taxtmi.com/caselaws?id=470713 An admitted cheque and signature trigger a rebuttable presumption of a legally enforceable debt under the Negotiable Instruments Act. The notes explain that an accused may rebut this presumption on a preponderance of probabilities through cross-examination, including by showing that the complainant lacked the financial capacity to make the alleged advance, without proving an alternative transaction. Where the complainant cannot consistently establish the source, timing and availability of funds, the complainant must independently prove the debt by cogent evidence. Statutory notice may be treated as served when sent to the accused's consistently used address and summons are served there. en-us Fri, 06 Oct 2023 00:00:00 +0530 Wed, 05 Aug 2026 14:16:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=470713 An admitted cheque and signature trigger a rebuttable presumption of a legally enforceable debt under the Negotiable Instruments Act. The notes explain that an accused may rebut this presumption on a preponderance of probabilities through cross-examination, including by showing that the complainant lacked the financial capacity to make the alleged advance, without proving an alternative transaction. Where the complainant cannot consistently establish the source, timing and availability of funds, the complainant must independently prove the debt by cogent evidence. Statutory notice may be treated as served when sent to the accused's consistently used address and summons are served there. Case-Laws Indian Laws Fri, 06 Oct 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=470713