https://www.taxtmi.com/caselaws?id=416588 In a prosecution for cheque dishonour, the statutory presumption under Section 139 of the Negotiable Instruments Act, 1881 arose because execution of the cheques was undisputed, but that presumption was rebuttable on a preponderance of probabilities. The accused successfully raised a probable defence by showing that the complainant's claimed loan lacked proved financial capacity and that the source of funds was not established. The complainant admitted he was on a modest salary and said the amount came from friends and relatives, yet he did not examine those persons or prove their contribution. An adverse inference was drawn, the presumption stood displaced, and the conviction and sentence were set aside. en-us Wed, 24 Nov 2021 00:00:00 +0530 Mon, 03 Jan 2022 08:25:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=416588 In a prosecution for cheque dishonour, the statutory presumption under Section 139 of the Negotiable Instruments Act, 1881 arose because execution of the cheques was undisputed, but that presumption was rebuttable on a preponderance of probabilities. The accused successfully raised a probable defence by showing that the complainant's claimed loan lacked proved financial capacity and that the source of funds was not established. The complainant admitted he was on a modest salary and said the amount came from friends and relatives, yet he did not examine those persons or prove their contribution. An adverse inference was drawn, the presumption stood displaced, and the conviction and sentence were set aside. Case-Laws Indian Laws Wed, 24 Nov 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=416588