https://www.taxtmi.com/caselaws?id=384633 In a prosecution under Section 138 of the Negotiable Instruments Act, proof of cheque execution raises only a rebuttable presumption of liability under Section 139. The accused may displace that presumption by showing circumstances that make the non-existence of a legally enforceable debt reasonably probable, including surrounding facts casting doubt on the alleged loan transaction. Once a probable defence is raised, the burden shifts back to the complainant to prove the debt and the complainant's financial capacity. On the facts discussed, the accused rebutted the presumption and the complainant failed to establish a legally enforceable debt, so the acquittal was not disturbed. en-us Fri, 16 Aug 2019 00:00:00 +0530 Tue, 20 Aug 2019 07:49:45 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=384633 In a prosecution under Section 138 of the Negotiable Instruments Act, proof of cheque execution raises only a rebuttable presumption of liability under Section 139. The accused may displace that presumption by showing circumstances that make the non-existence of a legally enforceable debt reasonably probable, including surrounding facts casting doubt on the alleged loan transaction. Once a probable defence is raised, the burden shifts back to the complainant to prove the debt and the complainant's financial capacity. On the facts discussed, the accused rebutted the presumption and the complainant failed to establish a legally enforceable debt, so the acquittal was not disturbed. Case-Laws Indian Laws Fri, 16 Aug 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=384633