https://www.taxtmi.com/caselaws?id=242307 In a prosecution under Section 138 of the Negotiable Instruments Act, statutory presumptions under Sections 118 and 139 operate only after foundational facts of the debt, cheque transaction, and issuance are established. Where the complainant could not state the date of the alleged loan, produced no documentary proof of funds, and gave contradictory versions about the cheque's preparation, the evidentiary basis for conviction failed. The trial court treated these lacunae as fatal and acquitted the accused, and the appellate reversal was found unsustainable because the presumptions could not cure the serious gaps in proof. The accused was therefore entitled to acquittal. en-us Thu, 05 Dec 2013 00:00:00 +0530 Sat, 29 Sep 2018 10:02:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=242307 In a prosecution under Section 138 of the Negotiable Instruments Act, statutory presumptions under Sections 118 and 139 operate only after foundational facts of the debt, cheque transaction, and issuance are established. Where the complainant could not state the date of the alleged loan, produced no documentary proof of funds, and gave contradictory versions about the cheque's preparation, the evidentiary basis for conviction failed. The trial court treated these lacunae as fatal and acquitted the accused, and the appellate reversal was found unsustainable because the presumptions could not cure the serious gaps in proof. The accused was therefore entitled to acquittal. Case-Laws Companies Law Thu, 05 Dec 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=242307