https://www.taxtmi.com/caselaws?id=424290 In a cheque dishonour prosecution, the statutory presumption under negotiable instruments law cannot stand alone where the accused raises a probable defence challenging the complainant's capacity to advance the alleged loan. The complainant must first prove the foundational cash transaction and financial capacity to lend the cheque amount, especially where no supporting document is produced and the alleged source of funds remains unsubstantiated. On these facts, the accused rebutted the presumption on a preponderance of probabilities, the appellate finding was held unsustainable, and the conviction was set aside with acquittal restored. en-us Mon, 20 Jun 2022 00:00:00 +0530 Mon, 27 Jun 2022 10:23:42 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=424290 In a cheque dishonour prosecution, the statutory presumption under negotiable instruments law cannot stand alone where the accused raises a probable defence challenging the complainant's capacity to advance the alleged loan. The complainant must first prove the foundational cash transaction and financial capacity to lend the cheque amount, especially where no supporting document is produced and the alleged source of funds remains unsubstantiated. On these facts, the accused rebutted the presumption on a preponderance of probabilities, the appellate finding was held unsustainable, and the conviction was set aside with acquittal restored. Case-Laws Indian Laws Mon, 20 Jun 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=424290