https://www.taxtmi.com/caselaws?id=198227 In a prosecution under Section 138 of the Negotiable Instruments Act, the complainant must establish the foundational facts, including that the cheque was issued towards a legally enforceable debt or liability and that he had the financial capacity to advance the alleged loan. The court found the complainant's account of the source and mode of payment inconsistent and held that he failed to satisfactorily prove means to lend the amount claimed. The record also did not satisfactorily establish that the cheque was drawn and issued in discharge of an enforceable liability. The complaint therefore failed to prove the ingredients of the offence, and the acquittal was upheld. en-us Mon, 17 Mar 1997 00:00:00 +0530 Thu, 25 Jan 2018 16:12:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=198227 In a prosecution under Section 138 of the Negotiable Instruments Act, the complainant must establish the foundational facts, including that the cheque was issued towards a legally enforceable debt or liability and that he had the financial capacity to advance the alleged loan. The court found the complainant's account of the source and mode of payment inconsistent and held that he failed to satisfactorily prove means to lend the amount claimed. The record also did not satisfactorily establish that the cheque was drawn and issued in discharge of an enforceable liability. The complaint therefore failed to prove the ingredients of the offence, and the acquittal was upheld. Case-Laws Indian Laws Mon, 17 Mar 1997 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=198227