Loading...

⚠ ✕
❮ Top
☎ Help
☰
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback✕

Contact Us At :

✉ E-mail: [email protected]

✆ Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
Make Most of Text Search ✕
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
╳
Add to...
You have not created any category. Kindly create one to bookmark this item!
✕
Create New Category
Hide
Title :
Description :
❮❮ Hide
❮ Default View
Expand ❯❯
Close ✕
🔎 Filters / Advanced Search ❯
TEXT

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In
Main Text + AI Text ❯
  • Main Text
  • Main Text + AI Text
  • AI Text
Law:
---- All Laws---- ❯
  • ---- All Laws----
  • Benami Property
  • Bill
  • Central Excise
  • Companies Law
  • Customs
  • DGFT
  • FEMA
  • GST
  • GST - States
  • IBC
  • Income Tax
  • Indian Laws
  • Money Laundering
  • SEBI
  • SEZ
  • Service Tax
  • VAT / Sales Tax
Types:
---- All Types ---- ❯
  • ---- All Types ----
  • Act Rules
  • Case Laws
  • Circulars
  • Manuals
  • News
  • Notifications
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
Relevance Default Date
    Act Rules Income Tax
    Comparison of Section 150 "Interpretation for purposes of section 149." between the Income-Tax Act, ...
    Act Rules Income Tax
    Comparison of Section 149 "Deduction in respect of income of co-operative societies." between the In...
    Act Rules Income Tax
    Comparison of Section 143 "Special provisions in respect of certain undertakings in North-Eastern St...
    Act Rules Income Tax
    Comparison of Section 135 "Deduction in respect of certain donations for scientific research or rura...
    Act Rules Income Tax
    Comparison of Section 124 "Deduction in respect of employer and assessee contribution to pension sch...
    Act Rules Income Tax
    Comparison of Section 119 "Carry forward and set off of losses not permissible in certain cases." be...
    Act Rules Income Tax
    Comparison of Section 118 "Carry forward and set off of losses and unabsorbed depreciation in busine...
    Act Rules Income Tax
    Comparison of Section 115 "Set off and carry forward of losses from specified activity." between the...
    Act Rules Income Tax
    Comparison of Section 114 "Set off and carry forward of losses computed in respect of specified busi...
    Act Rules Income Tax
    Comparison of Section 113 "Set off and carry forward of losses computed in respect of speculation" b...
    Act Rules Income Tax
    Comparison of Section 112 "Carry forward and set off of business loss." between the Income-Tax Act, ...
    Act Rules Income Tax
    Comparison of Section 111 "Carry forward and set off of loss from Capital gains." between the Income...
    Act Rules Income Tax
    Comparison of Section 110 "Carry forward and set off of loss from house property." between the Incom...
    Act Rules Income Tax
    Comparison of Section 108 "Set off of losses under same head of income." between the Income-Tax Act,...
    Act Rules Income Tax
    Comparison of Section 106 "Amount borrowed or repaid through negotiable instrument, hundi, etc." bet...
    Act Rules Income Tax
    Comparison of Section 105 "Unexplained expenditure." between the Income-Tax Act, 2025 (as passed) an...
    Act Rules Income Tax
    Comparison of Section 104 "Unexplained asset." between the Income-Tax Act, 2025 (as passed) and the ...
    Act Rules Income Tax
    Comparison of Section 103 "Unexplained investments." between the Income-Tax Act, 2025 (as passed) an...
    Act Rules Income Tax
    Comparison of Section 102 "Unexplained credits." between the Income-Tax Act, 2025 (as passed) and th...
    Act Rules Income Tax
    Comparison of Section 99 "Income of individual to include income of spouse, minor child, etc." betwe...
❮
❯
❯❯
Maximize Maximize Maximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

+

Are you sure you want to delete "My most important" ?

NOTE:

Notes
Showing Results for :
Reset Filters
Results Found:
Show All Summaries Hide All Summaries
Act Rules Income Tax
Show AI Summary
Time bound deduction for Producer Companies allows full tax relief for profits from defined member related agricultural activities, subject to sequencing.
A time bound tax incentive allows Producer Companies, as defined in the Companies Act, to claim a full deduction for profits attributable to an eligible business (marketing members' agricultural produce; supplying members with agricultural inputs; processing members' agricultural produce), subject to a turnover ceiling and a sequencing rule that permits the deduction only after other Chapter deductions; the clause omits attribution, anti abuse and procedural rules, creating compliance uncertainty.
Act Rules Income Tax
Show AI Summary
Deduction for co-operative societies: specified cooperative income receives preferential tax deductions, subject to governance and computation rules.
Clause 149 permits targeted tax deductions for co operative societies by fully or partially deducting income attributable to enumerated cooperative activities (banking/credit to members, cottage industries, marketing of members' agricultural produce, supply of agricultural inputs, processing without power, collective disposal of members' labour, and fishing/allied activities), supplies by primary societies to federal cooperatives or government entities, inter cooperative investment income, and income from letting godowns; certain non specified activities qualify only up to capped amounts, governance restrictions on voting rights condition some deductions, and cooperative deductions are computed after reducing specified pre existing deductions.
Act Rules Income Tax
Show AI Summary
Special tax deduction for North-Eastern undertakings grants full profit exemption for a fixed consecutive period.
A 100% deduction of profits and gains is available to undertakings in specified North-Eastern States for ten consecutive tax years starting from an "initial tax year", contingent on commencement or substantial expansion within a discrete qualifying window, formation and newness-of-plant conditions, exclusions for specified goods and activities, a defined test for "substantial expansion", and exclusivity preventing concurrent Chapter deductions; cross-referenced provisions determine treatment of re-established entities and aggregate duration limits.
Act Rules Income Tax
Show AI Summary
Deduction for research donations: tax relief for approved gifts subject to verification and specified exclusions.
Deduction is allowed for donations to approved research associations or educational institutions for scientific or social science/statistical research, contingent on recipient approval and information furnished by the payee to the prescribed income tax authority and subject to the Board's risk based verification; deductions are excluded where the donor has business/profession income or where contributions in cash exceed the prescribed threshold, and deduction is not to be denied solely because recipient approval is later withdrawn.
Act Rules Income Tax
Show AI Summary
Pension contribution deduction: employer and individual pension contributions receive tax relief, with caps and deeming rules affecting receipt.
Section 124 allows deductions for employer contributions to Central Government notified pension schemes subject to employer type percentage ceilings and for individual deposits into such schemes subject to an overall statutory cap; parent or guardian deposits for minors are aggregated with the individual cap. The provision defines salary for this purpose to include dearness allowance where employment terms so provide, disallows duplicate deduction where relief was claimed under the related provision, and deems amounts received on closure, opt out, or as annuity taxable in the year of receipt, with limited exceptions for nominee/parent/guardian receipts on death.
Act Rules Income Tax
Show AI Summary
Loss carry-forward restrictions: beneficial ownership and voting-power continuity determine entitlement to set off historic losses.
The section restricts carry forward and set off of losses on change in firm constitution, succession other than by inheritance, and change in shareholding of non-public companies unless continuity of beneficial ownership of shares carrying not less than fifty-one percent of voting power is maintained or specified exceptions (death, gift to relative, certain amalgamations/demergers, insolvency resolution plans with opportunity to be heard, tribunal-approved restructuring, relocation, and a start-up carve-out) apply.
Act Rules Income Tax
Show AI Summary
Carry-forward of predecessor losses: successor bank may set off losses as if reorganisation had not occurred, subject to continuity conditions.
Section 118 permits successor or resulting co operative banks to carry forward and set off predecessor accumulated losses and unabsorbed depreciation on amalgamation or demerger "as if the business reorganisation had not taken place," subject to the Act's set-off and depreciation rules. Demergers transfer directly attributable losses to the resulting undertaking and require pro rata apportionment of non direct losses by asset distribution. Qualification depends on continuity of banking activity and specified fixed asset holding thresholds, deemed tax year splitting, prescribed/notified conditions, and denial of set offs as taxable income upon non compliance.
Act Rules Income Tax
Show AI Summary
Ring-fencing of race-horse losses restricts set-off to stake-money income and allows limited carry forward period.
Losses from owning and maintaining race horses are ring-fenced and may be set off only against income from the same specified activity (stake money). Unabsorbed losses may be carried forward for set-off solely against future stake-money income in years when the assessee carries on the specified activity, subject to a limited carry-forward period after which unabsorbed amounts expire. Definitions narrow the scope of eligible income and losses.
Act Rules Income Tax
Show AI Summary
Set-off restriction for specified business losses limits use to profits of other specified business activities only.
Losses computed in respect of a specified business carried on by the assessee in a tax year may be set off only against profits and gains of other specified business activities for that year; any portion not so set off is an unabsorbed loss that may be carried forward and set off only against profits and gains of specified businesses in subsequent years.
Act Rules Income Tax
Show AI Summary
Speculation loss ring fencing: losses only offset against speculation profits with limited carry forward and priority in set off.
Losses from speculation business may be set off only against speculation business profits; any unabsorbed speculation business loss is carried forward and set off only against future speculation business profits, subject to a statutory temporal limitation and applied before certain other carried forward allowances. A deeming rule treats companies buying and selling shares of other companies as carrying on speculation business to that extent, subject to carve outs where specified income heads or principal business activities prevail.
Act Rules Income Tax
Show AI Summary
Carry forward of unabsorbed business loss limited to set off only against business profits, with a temporal carry forward limit.
Unabsorbed business loss (loss under Profits and gains of business or profession excluding speculation loss not absorbed under inter head set off) shall be carried forward and may be set off only against business or profession profits in subsequent years; any amount not so set off is carried forward iteratively, subject to a limit of not more than eight succeeding tax years, and such unabsorbed loss is to be given effect before allowing set off of specified carried forward allowances.
Act Rules Income Tax
Show AI Summary
Carry forward of capital losses: limited temporal carry forward with distinct set off rules for long term and short term losses.
A statutory regime prescribes distinct set off rules for losses under the head Capital gains: short term capital losses may be set off against gains from any other capital asset, long term capital losses only against gains from other long term assets, and any residual loss after intra year set off qualifies for carry forward but only for a limited number of succeeding tax years; the Bill defined this residual as an unabsorbed capital loss, whereas the enacted provision omits that label but retains equivalent practical effect.
Act Rules Income Tax
Show AI Summary
Carry-forward restriction of house property losses confines set-off to future house property income with a time-limited ceiling.
Residual losses computed under Income from house property that are not wholly absorbed by intra-year set-off qualify as unabsorbed loss from house property and may be carried forward, to be set off only against future house property income in subsequent years until the loss is absorbed or the statutory temporal limit expires; the clause defines the qualifying unabsorbed loss by reference to prior application of intra-year set-off rules.
Act Rules Income Tax
Show AI Summary
Capital gains set-off rules restrict long-term losses to long-term gains while short-term losses offset any capital gains.
Section 108 separates general intra-head set-off (excluding capital gains) from specific capital gains rules: long-term capital losses are only set off against other long-term capital gains in the same year, while short-term capital losses may be set off against gains from any capital asset, with classification and computation governed by the capital gains framework.
Act Rules Income Tax
Show AI Summary
Deeming rule for non-account-payee instruments treats amounts (including interest) as taxable income in the year of transaction.
Amounts (including interest) borrowed or repaid through a negotiable instrument, a hundi, or any mode specified by the Board shall be deemed to be the income of the borrower or repayer for the tax year of the transaction; transactions effected by an account payee cheque are excluded, and sub-section (2) prevents re-assessment of the same amount under that sub-section on repayment.
Act Rules Income Tax
Show AI Summary
Unexplained expenditure deemed income, disallowing deduction when source is not satisfactorily explained by assessing officer.
Section 105 deems expenditure to be income when the assessee offers no explanation of its source or offers an explanation the Assessing Officer deems unsatisfactory; the deemed amount cannot be claimed as a deduction under the Act, the deeming may apply to part of an expenditure, and the provision contains no definitions, procedural safeguards, evidentiary standards, or appeal mechanisms.
Act Rules Income Tax
Show AI Summary
Unexplained asset: acquisition expenditure governs deeming as income when taxpayers give no satisfactory explanation on source.
An unexplained asset found to belong to an assessee, or where the asset measure exceeds recorded books, may be deemed income for the year if the assessee offers no explanation or an explanation unsatisfactory to the Assessing Officer; the enacted text measures the asset by the amount expended in acquiring such asset and expressly includes virtual digital assets, while leaving valuation mechanics, evidential burdens, and procedural standards unspecified.
Act Rules Income Tax
Show AI Summary
Unexplained investments deemed income when not recorded or inadequately explained to the assessing officer.
Section 103 deems the value of investments to be income in the tax year where an investment is not recorded in the assessee's books of account, if any, or where the Assessing Officer finds the amount exceeds recorded entries, and the assessee either offers no explanation or an explanation that is not satisfactory in the opinion of the Assessing Officer.
Act Rules Income Tax
Show AI Summary
Unexplained credits: credited sums may be taxed if explanations are absent or unsatisfactory, shifting evidentiary burden to taxpayers and counterparties.
Section 102 allows sums found credited in an assessee's books to be charged as income where no explanation is given or the explanation is not satisfactory to the Assessing Officer. It places special deeming requirements on loans/borrowings and certain private company receipts, requiring the person in whose name the credit stands to provide a satisfactory explanation to the Assessing Officer, while excluding specified venture capital funds from those counterparty requirements.
Act Rules Income Tax
Show AI Summary
Clubbing of family income risks expanding under revised spouse professional-income wording, increasing compliance and valuation complexities.
Section 99 requires inclusion in an individual's total income of amounts arising to a spouse, son's wife, minor child, or where property is converted into HUF property; it prescribes exclusions for certain minor child earnings, a proportionate apportionment formula for assets invested in business or partnership, deems income to include loss, preserves a temporal carve out for conversions on or before 31 December 1969, and identifies documentation and valuation consequences where Bill wording diverges on spouse professional income carve outs, third party benefit attribution and the denominator reference date for apportionment.

TMI Notes

Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Back

All TMI Notes

Admitted Cheque Signature and Presumption of Legally Enforceable Debt under Sections 118 and 139 of the Negotiable Instruments Act

22 September, 2026

Contents
Acts
Plus +
Summary
Note

Note

-

Bookmark

Print

Print

This is a neutral professional article. The judgment is analysed in the context of its factual background, issues framed, and conclusions reached by the Court.

2026 (8) TMI 231 - Supreme Court

At a Glance

An admitted signature on a cheque has decisive evidentiary consequences in a prosecution under Section 138 of the Negotiable Instruments Act, 1881. It activates the statutory presumptions that the cheque was made for consideration and that it was received by the holder towards discharge, wholly or partly, of a legally enforceable debt or other liability. The result is a reverse evidentiary burden: the drawer must raise a probable defence capable of displacing those presumptions.

The presumptions are mandatory but rebuttable. They do not make conviction automatic, nor do they relieve the complainant of proving the foundational requirements of Section 138. However, once execution of the cheque is admitted or proved and the statutory requirements are established, a bare denial, an unsupported assertion of misuse, or a belated defence concerning a blank cheque will ordinarily not suffice.

The controlling principle is reaffirmed in 2026 (8) TMI 231 - Supreme Court: where the drawer admitted the signature, the presumptions under Sections 118 and 139 had to be invoked unless rebutted by cogent material. The accused must bring on record facts and circumstances from which the court may conclude either that the debt did not exist or that its non-existence was sufficiently probable.

Background & Context

Chapter XVII of the Negotiable Instruments Act seeks to secure confidence in cheques as instruments for settlement of liabilities. Section 138 creates penal consequences where a cheque drawn for discharge of a debt or other liability is dishonoured for insufficiency of funds or because it exceeds the arrangement with the bank, subject to prescribed conditions. The statutory scheme balances this objective with safeguards concerning presentment, notice and opportunity to make payment.

The question whether the cheque bears the drawer's signature is therefore often the critical evidentiary threshold. Admission of the signature is admission of execution for the purpose of invoking the statutory presumptions. It does not foreclose the drawer's defence, but it changes the order in which the evidentiary inquiry must proceed. The court must first apply the presumptions and then assess whether the accused has displaced them on the applicable standard.

The decision in 2026 (8) TMI 231 - Supreme Court illustrates this sequence. The drawer admitted the signature on the cheque but alleged that a blank cheque, initially delivered in connection with another transaction, had been misused. The defence was rejected because it lacked reliable supporting material, there was no evidence of repayment of the asserted earlier transaction, no effective action to recover the alleged blank instruments, and the demand for their return was made only after commencement of the prosecution. The presumption accordingly remained unrebutted.

Key Issues / Provisions

Section 138: legally enforceable debt and procedural conditions

Section 138 of the Negotiable Instruments Act, 1881 applies where a cheque drawn on an account maintained by the drawer for payment to another person is returned unpaid for insufficiency of funds or because it exceeds the arrangement with the bank. The operative requirement is that the cheque must have been drawn "for the discharge, in whole or in part, of any debt or other liability". Its Explanation states that "debt or other liability" means "a legally enforceable debt or other liability".

The penal consequence is subject to three material conditions: the cheque must be presented within six months from its date or within its validity period, whichever is earlier; the payee or holder in due course must issue a written demand notice within thirty days of receiving information of dishonour; and the drawer must fail to pay within fifteen days of receipt of that notice. A complaint must also be instituted within the stipulated period after the cause of action arises.

Section 118(a): presumption of consideration

Under Section 118 of the Negotiable Instruments Act, 1881, "until the contrary is proved", it shall be presumed under clause (a) "that every negotiable instrument was made or drawn for consideration". The provision also raises presumptions concerning, among other matters, the date of the instrument and the status of the holder as a holder in due course. For the present issue, the presumption of consideration is central.

Section 139: presumption in favour of the holder

Section 139 of the Negotiable Instruments Act, 1881 provides: "It shall be presumed, unless the contrary is proved, that the holder of a cheque received the cheque of the nature referred to in section 138 for the discharge, in whole or in part, of any debt or other liability." The phrase "shall be presumed" makes the presumption obligatory once its foundational conditions are met. The words "unless the contrary is proved" preserve the accused's right to rebut it.

Detailed Analysis

Admission of signature triggers the combined presumptions

The combined operation of Sections 118(a) and 139 is that, once execution of the cheque is admitted or established, the court must presume consideration and presume that the cheque was received towards discharge of a debt or liability. In 2026 (8) TMI 231 - Supreme Court, the Court held that an admitted signature required invocation of the presumptions under both provisions. It further held that the drawer is ordinarily taken to have been aware of the contents of the signed cheque unless the contrary is proved.

This principle is consistent with 2010 (5) TMI 391 - Supreme Court, which clarifies that the Section 139 presumption includes the existence of a legally enforceable debt or liability. The burden cast upon the accused is evidentiary, not an unduly onerous requirement to disprove the complainant's case beyond reasonable doubt.

The standard of rebuttal is preponderance of probabilities

The accused may rebut the presumption by raising a probable defence on the standard of preponderance of probabilities. Such rebuttal may arise from defence evidence, the complainant's own documents or admissions, or effective cross-examination. The accused need not necessarily enter the witness box. However, the defence must have a factual foundation and must make the non-existence of the debt or liability probable.

2019 (4) TMI 660 - Supreme Court explains that Sections 118 and 139 impose an evidentiary burden which may be discharged through material showing that the alleged liability probably did not exist. Where a credible challenge to the complainant's financial capacity and the surrounding transaction emerges from the record, the burden can shift back to the complainant to establish the transaction on evidence.

Conversely, 2023 (10) TMI 418 - Supreme Court holds that suggestions in cross-examination and unsupported answers, without credible material, do not discharge the evidential burden. The proper question is not whether the complainant has independently proved every particular of the antecedent transaction at the outset; it is whether the drawer has first produced material sufficient to displace the statutory presumption.

A bare plea of blank cheque or misuse is insufficient

A voluntarily signed blank cheque does not, by itself, neutralise the statutory presumptions. In 2021 (2) TMI 505 - Supreme Court, the admission of signatures attracted the presumptions notwithstanding the plea concerning blank cheque leaves. The defence was required to meet the standard of preponderance of probabilities through credible material; a bare denial was insufficient.

Similarly, 2019 (2) TMI 547 - Supreme Court holds that an assertion of misuse of a signed blank cheque must be supported by cogent evidence. A fiduciary or professional relationship between the parties does not, without more, deprive the holder of the statutory presumption. Material showing coercion, undue influence, theft, or another circumstance inconsistent with issuance towards liability may be relevant, but the assertion must be proved probabilistically.

In the controlling decision, the alleged security-cheque defence failed because it was unsupported by contemporaneous material. The absence of a receipt for the purported earlier loan, absence of evidence of its repayment, absence of timely recovery steps, and a notice issued only after the prosecution had commenced together undermined the defence. The Court treated the subsequent notice as an afterthought rather than proof of misuse.

Financial capacity: when it becomes material

Admission of signature does not permanently preclude an inquiry into the complainant's capacity to advance the alleged loan. It becomes material once the accused raises a credible and specific challenge. 2022 (3) TMI 797 - Supreme Court recognises that the complainant need not initially prove financial capacity unless a credible defence is set up; the accused may rely on independent evidence, the complainant's evidence, or effective cross-examination to do so.

In 2026 (8) TMI 231 - Supreme Court, the financial-capacity challenge did not succeed because the accused had not pleaded it in reply to the statutory notice, had not produced contrary material, and had not undermined the evidence supporting the complainant's means. The Court held that the initial burden of raising this defence lies on the accused; only a properly founded challenge can require the complainant to establish capacity.

The decision also affirms the reasoning in 2025 (9) TMI 1634 - Supreme Court that the statutory presumptions cannot be ignored merely because the transaction is alleged to be a cash loan. That authority expressly set aside the contrary conclusion in 2025 (7) TMI 1628 - KERALA HIGH COURT. Accordingly, the latter view cannot govern whether an admitted signature gives rise to the presumptions under Sections 118 and 139.

Non-reply to the statutory notice and lack of contemporaneous conduct

Failure to reply to a statutory demand notice is not, by itself, conclusive proof of liability. It may nevertheless be a relevant circumstance when the drawer later advances a defence that could reasonably have been asserted at the first available opportunity. The controlling decision treats the absence of a reply raising financial incapacity as relevant to whether the defence was genuine and timely. The same approach is reflected in 2020 (2) TMI 629 - Supreme Court, where a security-cheque defence lacking evidentiary support and not raised in response to the statutory notice did not rebut the presumption.

Practical Implications

  • For the complainant, plead and prove the Section 138 foundation: the cheque, dishonour memo, statutory notice, service or deemed service where applicable, non-payment, and timely institution of the complaint. Once signature or execution is admitted or proved, expressly invoke Sections 118(a) and 139.
  • For the drawer, a defence should be raised at the earliest appropriate stage and supported by contemporaneous documents, correspondence, repayment records, bank material, independent witnesses, or admissions elicited from the complainant. A mere narrative that the cheque was blank, a security instrument, or misused is ordinarily inadequate.
  • A financial-capacity challenge should be specific. It should identify the basis on which the complainant's means are disputed and should be pursued through reliable material or cross-examination. Once a probable challenge succeeds, the complainant must establish the loan transaction and capacity on the evidence.
  • Contemporaneous conduct is significant. Timely steps concerning allegedly lost, misappropriated, or unauthorised cheques may support a defence; delayed notices or unsubstantiated complaints may instead weaken it.
  • Courts must preserve the distinction between the initial statutory presumption and the complainant's ultimate obligation after rebuttal. Treating every Section 138 proceeding as requiring initial proof of the underlying debt in the manner of an ordinary civil recovery action would defeat the reverse-onus structure created by Sections 118 and 139.

Key Takeaways

  • An admitted cheque signature requires the court to raise the presumptions of consideration under Section 118(a) and discharge of debt or liability under Section 139.
  • The Section 139 presumption extends to a legally enforceable debt or liability, but it remains rebuttable.
  • The drawer bears the initial evidentiary burden and must establish a probable defence on a preponderance of probabilities.
  • Unsupported denials, a bare blank-cheque plea, and belated assertions of misuse do not ordinarily displace the presumptions.
  • Financial capacity is not an automatic threshold burden on the complainant. It assumes significance when the accused first raises a credible, evidence-based challenge.
  • Admission of signature does not dispense with proof of the procedural ingredients of Section 138; it governs the evidentiary burden concerning consideration and the legally enforceable liability.

 


Full Text:

2026 (8) TMI 231 - Supreme Court

Topics

Acts Income Tax