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    <title>2015 (4) TMI 1313 - BOMBAY HIGH COURT</title>
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    <description>Statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act arose because cheque signatures were undisputed, but they remained rebuttable on the complainant&#039;s evidence and surrounding circumstances. The complainant failed to satisfactorily prove possession of cash at the relevant time, and the alleged advance was not corroborated by independent documentary evidence or material witnesses; the balance-sheet entry was also not independently proved. In an appeal against acquittal, interference is confined to cases where the trial view is perverse, wholly unreasonable, or based on misreading of evidence. The court found the trial court&#039;s assessment of probability and its treatment of Section 269-SS of the Income Tax Act did not make the acquittal perverse, so the acquittal was left undisturbed.</description>
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      <title>2015 (4) TMI 1313 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=295353</link>
      <description>Statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act arose because cheque signatures were undisputed, but they remained rebuttable on the complainant&#039;s evidence and surrounding circumstances. The complainant failed to satisfactorily prove possession of cash at the relevant time, and the alleged advance was not corroborated by independent documentary evidence or material witnesses; the balance-sheet entry was also not independently proved. In an appeal against acquittal, interference is confined to cases where the trial view is perverse, wholly unreasonable, or based on misreading of evidence. The court found the trial court&#039;s assessment of probability and its treatment of Section 269-SS of the Income Tax Act did not make the acquittal perverse, so the acquittal was left undisturbed.</description>
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