https://www.taxtmi.com/caselaws?id=418637 Where the cheque signature is admitted in a prosecution under Section 138 of the Negotiable Instruments Act, the statutory presumption remains rebuttable, but the complainant must prove the alleged loan transaction and, when specifically challenged, the financial capacity to advance the amount. Here, the accused raised a probable defence that the cheque related to a chit transaction, while the complainant's evidence failed to show when the hand loan was advanced, how the cheque was issued, or that he or his son had the means to fund the loan. On these facts, the presumption stood displaced on a preponderance of probabilities and the acquittal did not call for interference. en-us Mon, 31 Jan 2022 00:00:00 +0530 Tue, 22 Feb 2022 07:21:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=418637 Where the cheque signature is admitted in a prosecution under Section 138 of the Negotiable Instruments Act, the statutory presumption remains rebuttable, but the complainant must prove the alleged loan transaction and, when specifically challenged, the financial capacity to advance the amount. Here, the accused raised a probable defence that the cheque related to a chit transaction, while the complainant's evidence failed to show when the hand loan was advanced, how the cheque was issued, or that he or his son had the means to fund the loan. On these facts, the presumption stood displaced on a preponderance of probabilities and the acquittal did not call for interference. Case-Laws Indian Laws Mon, 31 Jan 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=418637