https://www.taxtmi.com/caselaws?id=430426 For prosecution under section 138 of the Negotiable Instruments Act, the complainant must first establish a credible foundational case of a legally enforceable debt or liability. Here, the complaint and demand notice did not disclose the date or year of the alleged hand-loan transaction, while surrounding evidence supported the defence version that the cheques may have related to an earlier property transaction and were filled up by the complainant. The accused's admission of signature and receipt of notice did not, on these facts, make the statutory presumption under section 139 conclusive. The Sessions Court's appreciation of evidence was found free from infirmity, and the acquittal was sustained. en-us Mon, 17 Oct 2022 00:00:00 +0530 Sat, 19 Nov 2022 08:58:29 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=430426 For prosecution under section 138 of the Negotiable Instruments Act, the complainant must first establish a credible foundational case of a legally enforceable debt or liability. Here, the complaint and demand notice did not disclose the date or year of the alleged hand-loan transaction, while surrounding evidence supported the defence version that the cheques may have related to an earlier property transaction and were filled up by the complainant. The accused's admission of signature and receipt of notice did not, on these facts, make the statutory presumption under section 139 conclusive. The Sessions Court's appreciation of evidence was found free from infirmity, and the acquittal was sustained. Case-Laws Indian Laws Mon, 17 Oct 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=430426