https://www.taxtmi.com/caselaws?id=417881 In a prosecution under Section 138 of the Negotiable Instruments Act, statutory presumptions under Sections 118 and 139 arise only when cheque execution is admitted, and they remain rebuttable on a preponderance of probabilities. The complainant's failure to give particulars of alleged cash advances, to explain the source of funds, to show corresponding bank withdrawals, and to reconcile omissions in income tax returns weakened the foundational facts. Cross-examination and the defence explanation that the cheques had been given to the bank and later misused were treated as sufficient to displace the presumptions. The acquittal was therefore held justified. en-us Tue, 01 Feb 2022 00:00:00 +0530 Fri, 04 Feb 2022 06:59:28 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=417881 In a prosecution under Section 138 of the Negotiable Instruments Act, statutory presumptions under Sections 118 and 139 arise only when cheque execution is admitted, and they remain rebuttable on a preponderance of probabilities. The complainant's failure to give particulars of alleged cash advances, to explain the source of funds, to show corresponding bank withdrawals, and to reconcile omissions in income tax returns weakened the foundational facts. Cross-examination and the defence explanation that the cheques had been given to the bank and later misused were treated as sufficient to displace the presumptions. The acquittal was therefore held justified. Case-Laws Indian Laws Tue, 01 Feb 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=417881