https://www.taxtmi.com/caselaws?id=427665 Admission of the cheque and signature under the Negotiable Instruments Act raises a rebuttable presumption in favour of the complainant, but the complainant must still prove a legally enforceable debt. The accused can rebut the presumption on a preponderance of probabilities by showing a probable defence. Here, the complainant failed to prove the alleged loan transaction or financial capacity, did not produce bank records, and could not establish the timing or surrounding circumstances of the claimed cash advance. The defence version was found more probable, so the acquittal was upheld. en-us Fri, 12 Aug 2022 00:00:00 +0530 Thu, 15 Sep 2022 07:48:54 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=427665 Admission of the cheque and signature under the Negotiable Instruments Act raises a rebuttable presumption in favour of the complainant, but the complainant must still prove a legally enforceable debt. The accused can rebut the presumption on a preponderance of probabilities by showing a probable defence. Here, the complainant failed to prove the alleged loan transaction or financial capacity, did not produce bank records, and could not establish the timing or surrounding circumstances of the claimed cash advance. The defence version was found more probable, so the acquittal was upheld. Case-Laws Indian Laws Fri, 12 Aug 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=427665