https://www.taxtmi.com/caselaws?id=412518 In a prosecution under Section 138 of the Negotiable Instruments Act, the cheque and signature being undisputed raised the presumption under Section 139 in favour of the complainant. The accused, however, rebutted that presumption by setting up a probable defence and by pointing to the absence of a specific lending date, lack of documentary proof of the alleged loan, and failure to establish the complainant's financial capacity to advance the sum. The complainant did not prove a legally enforceable debt or the means to lend, so the acquittal was held justified and no interference was called for in appeal. en-us Thu, 02 Sep 2021 00:00:00 +0530 Mon, 20 Sep 2021 10:31:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=412518 In a prosecution under Section 138 of the Negotiable Instruments Act, the cheque and signature being undisputed raised the presumption under Section 139 in favour of the complainant. The accused, however, rebutted that presumption by setting up a probable defence and by pointing to the absence of a specific lending date, lack of documentary proof of the alleged loan, and failure to establish the complainant's financial capacity to advance the sum. The complainant did not prove a legally enforceable debt or the means to lend, so the acquittal was held justified and no interference was called for in appeal. Case-Laws Indian Laws Thu, 02 Sep 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=412518