https://www.taxtmi.com/caselaws?id=419706 In a prosecution for cheque dishonour under Section 138 of the Negotiable Instruments Act, the accused cannot, as of right, use Section 91 CrPC to compel the complainant to produce documents at the pre-defence stage. The statutory presumptions under Sections 118 and 139 operate once execution of the cheque is admitted, while the complainant retains the initial burden to prove the transaction and funds in the manner chosen by him. The trial court's refusal to summon the documents was a proper exercise of discretion, and no interference was warranted under Section 482 CrPC. en-us Thu, 03 Mar 2022 00:00:00 +0530 Thu, 17 Mar 2022 16:32:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=419706 In a prosecution for cheque dishonour under Section 138 of the Negotiable Instruments Act, the accused cannot, as of right, use Section 91 CrPC to compel the complainant to produce documents at the pre-defence stage. The statutory presumptions under Sections 118 and 139 operate once execution of the cheque is admitted, while the complainant retains the initial burden to prove the transaction and funds in the manner chosen by him. The trial court's refusal to summon the documents was a proper exercise of discretion, and no interference was warranted under Section 482 CrPC. Case-Laws Indian Laws Thu, 03 Mar 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=419706