https://www.taxtmi.com/caselaws?id=419759 In a prosecution under Section 138 of the Negotiable Instruments Act, the statutory presumption under Section 139 arises once execution of the cheque is admitted, and the accused must rebut it only on a preponderance of probabilities. The defence may be shown through the accused's evidence, the complainant's materials, or effective cross-examination, but a mere assertion of loss of a cheque book or signed leaf is insufficient without contemporaneous support. The complainant need not prove financial capacity at the outset unless the accused lays a credible factual challenge. On the facts discussed, the presumption was not displaced, the conviction was sustained, and the sentence could be modified on the circumstances. en-us Mon, 07 Mar 2022 00:00:00 +0530 Tue, 15 Jul 2025 18:25:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=419759 In a prosecution under Section 138 of the Negotiable Instruments Act, the statutory presumption under Section 139 arises once execution of the cheque is admitted, and the accused must rebut it only on a preponderance of probabilities. The defence may be shown through the accused's evidence, the complainant's materials, or effective cross-examination, but a mere assertion of loss of a cheque book or signed leaf is insufficient without contemporaneous support. The complainant need not prove financial capacity at the outset unless the accused lays a credible factual challenge. On the facts discussed, the presumption was not displaced, the conviction was sustained, and the sentence could be modified on the circumstances. Case-Laws Indian Laws Mon, 07 Mar 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=419759