https://www.taxtmi.com/caselaws?id=416020 In a prosecution under Section 138 of the Negotiable Instruments Act, the statutory presumptions under Sections 118(a) and 139 were held rebuttable on a preponderance of probabilities, and the accused successfully raised a probable defence from the complainant's own materials, including the seizure list, balance-sheet materials, and surrounding circumstances, creating doubt about issuance of the cheques and the existence of a legally enforceable debt. The prosecution therefore failed on liability. On appeal against acquittal, the court reiterated that interference is unwarranted where the trial court's view is plausible and no infirmity or illegality is shown. The acquittal was accordingly left undisturbed. en-us Mon, 06 Dec 2021 00:00:00 +0530 Mon, 20 Dec 2021 09:25:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=416020 In a prosecution under Section 138 of the Negotiable Instruments Act, the statutory presumptions under Sections 118(a) and 139 were held rebuttable on a preponderance of probabilities, and the accused successfully raised a probable defence from the complainant's own materials, including the seizure list, balance-sheet materials, and surrounding circumstances, creating doubt about issuance of the cheques and the existence of a legally enforceable debt. The prosecution therefore failed on liability. On appeal against acquittal, the court reiterated that interference is unwarranted where the trial court's view is plausible and no infirmity or illegality is shown. The acquittal was accordingly left undisturbed. Case-Laws Indian Laws Mon, 06 Dec 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=416020