https://www.taxtmi.com/caselaws?id=356938 In a complaint under the Negotiable Instruments Act based on dishonoured cheques allegedly issued towards a loan liability, the statutory presumption under Section 139 remained rebuttable on a preponderance of probability. The accused's defence that the amount had already been repaid in cash was supported by the accused, his mother and an independent witness, and their evidence was not shaken in cross-examination. The inconsistency about the source of cash was treated as insufficient to reject the defence. The trial court's appreciation of evidence was found to be a plausible view, so leave to appeal against the acquittal was declined and the acquittal was left undisturbed. en-us Mon, 12 Mar 2018 00:00:00 +0530 Thu, 15 Mar 2018 10:01:24 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=356938 In a complaint under the Negotiable Instruments Act based on dishonoured cheques allegedly issued towards a loan liability, the statutory presumption under Section 139 remained rebuttable on a preponderance of probability. The accused's defence that the amount had already been repaid in cash was supported by the accused, his mother and an independent witness, and their evidence was not shaken in cross-examination. The inconsistency about the source of cash was treated as insufficient to reject the defence. The trial court's appreciation of evidence was found to be a plausible view, so leave to appeal against the acquittal was declined and the acquittal was left undisturbed. Case-Laws Indian Laws Mon, 12 Mar 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=356938