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Presumption u/s 139 read with Section 118 NI Act rebutted. Respondent proved defence through testimony on 'preponderance of probabilities'. Petitioner failed to substantiate contentions regarding cash loan and pro-note. Respondent's acquittal justified due to petitioner's lack of evidence and improbable financial capacity. Decision of acquittal strengthens presumption of innocence. Appellate court should be slow in reversing acquittal. No ground to grant leave to appeal, petition dismissed.
Presumption u/s 139 read with Section 118 NI Act rebutted. Respondent proved defence through testimony on 'preponderance of probabilities'. Petitioner failed to substantiate contentions regarding cash loan and pro-note. Respondent's acquittal justified due to petitioner's lack of evidence and improbable financial capacity. Decision of acquittal strengthens presumption of innocence. Appellate court should be slow in reversing acquittal. No ground to grant leave to appeal, petition dismissed.
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