https://www.taxtmi.com/caselaws?id=421318 In a prosecution under Section 138 of the Negotiable Instruments Act, an accused may rebut the complainant's case through cross-examination, defence evidence and relevant documents. Where the defence specifically contests the complainant's financial capacity to advance the alleged loan, the accused is entitled to seek summons for witnesses and records supporting that defence under Section 243 CrPC. The court must assess the totality of the evidence and permit a probable defence to be established through independent material or effective challenge to the complainant's evidence. The refusal to summon the proposed witnesses was therefore unsustainable. en-us Wed, 13 Apr 2022 00:00:00 +0530 Thu, 21 Apr 2022 15:46:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=421318 In a prosecution under Section 138 of the Negotiable Instruments Act, an accused may rebut the complainant's case through cross-examination, defence evidence and relevant documents. Where the defence specifically contests the complainant's financial capacity to advance the alleged loan, the accused is entitled to seek summons for witnesses and records supporting that defence under Section 243 CrPC. The court must assess the totality of the evidence and permit a probable defence to be established through independent material or effective challenge to the complainant's evidence. The refusal to summon the proposed witnesses was therefore unsustainable. Case-Laws Indian Laws Wed, 13 Apr 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=421318