https://www.taxtmi.com/caselaws?id=302675 The statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act may be rebutted by the accused through cross-examination or evidence, and the complainant's own admissions can weaken the presumption where they create serious doubt about a legally recoverable debt. Here, material inconsistencies in the complainant's case on the source of funds, the alleged loan transaction, and the circumstances of cheque issuance made the defence version probable. The HC found that the trial and appellate courts had over-relied on the presumption without properly assessing those admissions. The conviction under Section 138 was therefore unsustainable, and interference in revision was justified. en-us Wed, 06 Apr 2016 00:00:00 +0530 Fri, 10 Jun 2022 20:39:05 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=302675 The statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act may be rebutted by the accused through cross-examination or evidence, and the complainant's own admissions can weaken the presumption where they create serious doubt about a legally recoverable debt. Here, material inconsistencies in the complainant's case on the source of funds, the alleged loan transaction, and the circumstances of cheque issuance made the defence version probable. The HC found that the trial and appellate courts had over-relied on the presumption without properly assessing those admissions. The conviction under Section 138 was therefore unsustainable, and interference in revision was justified. Case-Laws Indian Laws Wed, 06 Apr 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=302675