https://www.taxtmi.com/caselaws?id=412982 In a cheque dishonour prosecution under the Negotiable Instruments Act, the statutory presumption under Section 139 was held to be rebuttable on a preponderance of probability. The accused succeeded by showing a probable defence that the cheque was issued as security, supported by surrounding circumstances, prior dealings and cross-examination. The complainant then had to prove the alleged debt and liability, but failed to establish the source of funds, financial capacity, or a consistent account of the loan transaction through credible evidence. The acquittal was therefore found justified and no interference with the lower appellate court's finding was warranted. en-us Mon, 20 Sep 2021 00:00:00 +0530 Fri, 01 Oct 2021 08:35:17 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=412982 In a cheque dishonour prosecution under the Negotiable Instruments Act, the statutory presumption under Section 139 was held to be rebuttable on a preponderance of probability. The accused succeeded by showing a probable defence that the cheque was issued as security, supported by surrounding circumstances, prior dealings and cross-examination. The complainant then had to prove the alleged debt and liability, but failed to establish the source of funds, financial capacity, or a consistent account of the loan transaction through credible evidence. The acquittal was therefore found justified and no interference with the lower appellate court's finding was warranted. Case-Laws Indian Laws Mon, 20 Sep 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=412982