https://www.taxtmi.com/caselaws?id=421258 In a Section 138 prosecution, the cheque-holder's presumptions under Sections 118A and 139 remain rebuttable, but the complainant must still prove a legally enforceable liability. The court treated the loan memorandum as unreliable because of irregular form, missing concluding signature, overwriting in the date, and doubts about its genuineness and execution. As the alleged loan transaction was not proved in a clear and unambiguous manner, the accused rebutted the presumption on a preponderance of probabilities without leading defence evidence, and the acquittal was upheld as a reasonably possible view. en-us Tue, 12 Apr 2022 00:00:00 +0530 Thu, 21 Apr 2022 08:31:01 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=421258 In a Section 138 prosecution, the cheque-holder's presumptions under Sections 118A and 139 remain rebuttable, but the complainant must still prove a legally enforceable liability. The court treated the loan memorandum as unreliable because of irregular form, missing concluding signature, overwriting in the date, and doubts about its genuineness and execution. As the alleged loan transaction was not proved in a clear and unambiguous manner, the accused rebutted the presumption on a preponderance of probabilities without leading defence evidence, and the acquittal was upheld as a reasonably possible view. Case-Laws Indian Laws Tue, 12 Apr 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=421258