https://www.taxtmi.com/caselaws?id=410799 The accused was acquitted of the offence under Section 138 of the Negotiable Instruments Act as the court found the complainant failed to prove the alleged loan transaction. The accused successfully rebutted the presumption of a legally enforceable debt by highlighting discrepancies in the complainant's statements and evidence, including variations in evidence and legal notice. The court also questioned the financial capacity of the complainant to lend the alleged loan, noting that financial capacity alone does not establish guilt under Section 138. Consequently, the judgments of the Trial Court and Sessions Judge's Court were set aside in favor of the accused. en-us Wed, 30 Jun 2021 00:00:00 +0530 Tue, 10 Aug 2021 08:57:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=410799 The accused was acquitted of the offence under Section 138 of the Negotiable Instruments Act as the court found the complainant failed to prove the alleged loan transaction. The accused successfully rebutted the presumption of a legally enforceable debt by highlighting discrepancies in the complainant's statements and evidence, including variations in evidence and legal notice. The court also questioned the financial capacity of the complainant to lend the alleged loan, noting that financial capacity alone does not establish guilt under Section 138. Consequently, the judgments of the Trial Court and Sessions Judge's Court were set aside in favor of the accused. Case-Laws Indian Laws Wed, 30 Jun 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=410799