https://www.taxtmi.com/caselaws?id=295081 In a prosecution under Section 138 of the Negotiable Instruments Act, the accused may rebut the Section 139 presumption on a preponderance of probabilities from the material on record. Here, the complainant's account of the alleged debt was inconsistent, the promissory note was not produced, attestors were not examined, and no books of account or income-tax returns were filed to prove the liability. The accused testified, denied the borrowing, and relied on surrounding documentary circumstances, including a demand for return of the blank cheque. The record was sufficient to rebut the presumption, and the trial court's appreciation of evidence was not perverse; the acquittal was upheld. en-us Mon, 23 Jan 2012 00:00:00 +0530 Tue, 18 May 2021 15:41:16 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=295081 In a prosecution under Section 138 of the Negotiable Instruments Act, the accused may rebut the Section 139 presumption on a preponderance of probabilities from the material on record. Here, the complainant's account of the alleged debt was inconsistent, the promissory note was not produced, attestors were not examined, and no books of account or income-tax returns were filed to prove the liability. The accused testified, denied the borrowing, and relied on surrounding documentary circumstances, including a demand for return of the blank cheque. The record was sufficient to rebut the presumption, and the trial court's appreciation of evidence was not perverse; the acquittal was upheld. Case-Laws Indian Laws Mon, 23 Jan 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=295081