https://www.taxtmi.com/caselaws?id=295972 In a prosecution for dishonour of cheque, the complainant must first establish a legally enforceable debt or liability on the evidence before the statutory presumption under Section 139 can operate. The presumption does not, by itself, prove the debt, and it may be displaced where the accused rebuts the foundational facts under Section 118(a). On the stated facts, the absence of documentary proof of lending, credible proof of financial capacity, or any written acknowledgment meant the complainant failed to prove the debt, so the conviction could not be sustained. en-us Sun, 27 Jul 2008 00:00:00 +0530 Mon, 28 Jun 2021 16:02:10 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=295972 In a prosecution for dishonour of cheque, the complainant must first establish a legally enforceable debt or liability on the evidence before the statutory presumption under Section 139 can operate. The presumption does not, by itself, prove the debt, and it may be displaced where the accused rebuts the foundational facts under Section 118(a). On the stated facts, the absence of documentary proof of lending, credible proof of financial capacity, or any written acknowledgment meant the complainant failed to prove the debt, so the conviction could not be sustained. Case-Laws Indian Laws Sun, 27 Jul 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=295972