https://www.taxtmi.com/caselaws?id=345943 In a prosecution under Section 138 of the Negotiable Instruments Act, the statutory presumption under Section 139 is rebuttable, and the complainant must still establish foundational facts showing that the cheque was issued towards a legally enforceable debt. The accused successfully raised a probable defence from the complainant's own evidence, including inconsistencies about financial capacity and the source of funds, and the absence of supporting documents such as a promissory note or receipt. As the complainant failed to prove repayment of a legally enforceable liability, leave to appeal against acquittal was declined and the acquittal was left undisturbed. en-us Thu, 06 Apr 2017 00:00:00 +0530 Tue, 01 Aug 2017 00:19:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=345943 In a prosecution under Section 138 of the Negotiable Instruments Act, the statutory presumption under Section 139 is rebuttable, and the complainant must still establish foundational facts showing that the cheque was issued towards a legally enforceable debt. The accused successfully raised a probable defence from the complainant's own evidence, including inconsistencies about financial capacity and the source of funds, and the absence of supporting documents such as a promissory note or receipt. As the complainant failed to prove repayment of a legally enforceable liability, leave to appeal against acquittal was declined and the acquittal was left undisturbed. Case-Laws Indian Laws Thu, 06 Apr 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=345943