https://www.taxtmi.com/caselaws?id=425559 In a prosecution under the Negotiable Instruments Act, the statutory presumption in favour of the cheque holder was held rebuttable on a preponderance of probabilities, including from the complainant's own evidence. The complainant's failure to prove financial capacity, the alleged friendly relationship, or the date of advance, together with circumstances suggesting misuse of a security cheque, created reasonable doubt about a legally enforceable debt. Applying the limited scope of interference in appeals against acquittal, the High Court found the trial court's view to be plausible and not perverse, so leave to appeal was refused and the acquittal remained undisturbed. en-us Wed, 20 Jul 2022 00:00:00 +0530 Wed, 27 Jul 2022 08:39:14 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=425559 In a prosecution under the Negotiable Instruments Act, the statutory presumption in favour of the cheque holder was held rebuttable on a preponderance of probabilities, including from the complainant's own evidence. The complainant's failure to prove financial capacity, the alleged friendly relationship, or the date of advance, together with circumstances suggesting misuse of a security cheque, created reasonable doubt about a legally enforceable debt. Applying the limited scope of interference in appeals against acquittal, the High Court found the trial court's view to be plausible and not perverse, so leave to appeal was refused and the acquittal remained undisturbed. Case-Laws Indian Laws Wed, 20 Jul 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=425559