https://www.taxtmi.com/caselaws?id=338185 In a prosecution under Section 138 of the Negotiable Instruments Act, 1881, the complainant must first establish the foundational facts of a legally enforceable debt before the statutory presumptions under Sections 118 and 139 can operate effectively. The High Court found no supporting account records or other material showing financial capacity to advance the alleged cash amount, and the complainant's own admission that he was not an income tax assessee weakened the claim further. The accused raised a probable defence on the materials, and the presumptions were treated as rebutted on a preponderance of probabilities. The acquittal was therefore upheld. en-us Wed, 04 Jan 2017 00:00:00 +0530 Sat, 28 Jan 2017 07:06:16 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=338185 In a prosecution under Section 138 of the Negotiable Instruments Act, 1881, the complainant must first establish the foundational facts of a legally enforceable debt before the statutory presumptions under Sections 118 and 139 can operate effectively. The High Court found no supporting account records or other material showing financial capacity to advance the alleged cash amount, and the complainant's own admission that he was not an income tax assessee weakened the claim further. The accused raised a probable defence on the materials, and the presumptions were treated as rebutted on a preponderance of probabilities. The acquittal was therefore upheld. Case-Laws Indian Laws Wed, 04 Jan 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=338185