https://www.taxtmi.com/caselaws?id=403707 In a prosecution under Section 138 of the Negotiable Instruments Act, the presumptions under Sections 118 and 139 favour the cheque holder, but they remain rebuttable. The accused need not enter the witness box and may displace the presumption by relying on the complainant's own materials if a probable defence is shown on a preponderance of probabilities. Here, the complainant produced no supporting witnesses or documentary proof of the alleged business arrangement, settlement, source of funds, or factual basis of liability, while the defence version that the cheques were not issued for a legally enforceable debt was found probable. The presumption stood rebutted and the acquittal was upheld. en-us Wed, 03 Feb 2021 00:00:00 +0530 Sat, 06 Feb 2021 09:53:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=403707 In a prosecution under Section 138 of the Negotiable Instruments Act, the presumptions under Sections 118 and 139 favour the cheque holder, but they remain rebuttable. The accused need not enter the witness box and may displace the presumption by relying on the complainant's own materials if a probable defence is shown on a preponderance of probabilities. Here, the complainant produced no supporting witnesses or documentary proof of the alleged business arrangement, settlement, source of funds, or factual basis of liability, while the defence version that the cheques were not issued for a legally enforceable debt was found probable. The presumption stood rebutted and the acquittal was upheld. Case-Laws Indian Laws Wed, 03 Feb 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=403707