https://www.taxtmi.com/caselaws?id=366770 In a prosecution under Section 138 of the Negotiable Instruments Act, the Court held that the statutory presumptions under Sections 118(a) and 139 remain rebuttable and may be displaced on a preponderance of probabilities. The accused successfully raised a probable defence by pointing to the cheque counterfoil, prior use of the cheque, and the absence of independent proof of the complainant's financial capacity or the alleged loan transaction. The complainant's failure to produce supporting documents, together with his admissions, weakened the claim of a legally enforceable debt. In an appeal against acquittal, the double presumption of innocence also required restraint, and the trial court's view was not shown to be unreasonable. The acquittal was therefore left undisturbed. en-us Fri, 31 Aug 2018 00:00:00 +0530 Mon, 10 Sep 2018 18:43:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=366770 In a prosecution under Section 138 of the Negotiable Instruments Act, the Court held that the statutory presumptions under Sections 118(a) and 139 remain rebuttable and may be displaced on a preponderance of probabilities. The accused successfully raised a probable defence by pointing to the cheque counterfoil, prior use of the cheque, and the absence of independent proof of the complainant's financial capacity or the alleged loan transaction. The complainant's failure to produce supporting documents, together with his admissions, weakened the claim of a legally enforceable debt. In an appeal against acquittal, the double presumption of innocence also required restraint, and the trial court's view was not shown to be unreasonable. The acquittal was therefore left undisturbed. Case-Laws Indian Laws Fri, 31 Aug 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=366770