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    <title>2026 (8) TMI 589 - GUJARAT HIGH COURT</title>
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    <description>Personal liability for a trust-related cheque dishonour was not established where responsibility for the trust&#039;s liabilities had passed to newly inducted trustees, rent receipts recorded payment by the trust&#039;s management, and alleged advances included sums paid by the complainant&#039;s wife without evidence authorising recovery through the complainant. These facts constituted a probable defence rebutting presumptions of consideration and liability. The burden then shifted to the complainant to prove an enforceable personal debt beyond reasonable doubt, which was not done. The appellate acquittal was justified because the evidentiary appraisal disclosed no perversity or manifest illegality.</description>
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      <description>Personal liability for a trust-related cheque dishonour was not established where responsibility for the trust&#039;s liabilities had passed to newly inducted trustees, rent receipts recorded payment by the trust&#039;s management, and alleged advances included sums paid by the complainant&#039;s wife without evidence authorising recovery through the complainant. These facts constituted a probable defence rebutting presumptions of consideration and liability. The burden then shifted to the complainant to prove an enforceable personal debt beyond reasonable doubt, which was not done. The appellate acquittal was justified because the evidentiary appraisal disclosed no perversity or manifest illegality.</description>
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