https://www.taxtmi.com/caselaws?id=430569 A conviction for dishonour of cheque was found unsustainable where the complainant, the sole witness, was recalled for further cross-examination under Section 311 CrPC but repeatedly failed to appear despite sufficient opportunity. His testimony was therefore treated as incomplete and unreliable, and the prosecution foundation collapsed once that evidence was excluded. The accused's defence was also tested against the statutory presumption under Section 139 of the Negotiable Instruments Act, but the materials produced were not held sufficient to rebut it on a preponderance of probabilities. Even so, the defective complainant evidence could not support the conviction, and acquittal followed. en-us Tue, 08 Nov 2022 00:00:00 +0530 Wed, 23 Nov 2022 08:30:37 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=430569 A conviction for dishonour of cheque was found unsustainable where the complainant, the sole witness, was recalled for further cross-examination under Section 311 CrPC but repeatedly failed to appear despite sufficient opportunity. His testimony was therefore treated as incomplete and unreliable, and the prosecution foundation collapsed once that evidence was excluded. The accused's defence was also tested against the statutory presumption under Section 139 of the Negotiable Instruments Act, but the materials produced were not held sufficient to rebut it on a preponderance of probabilities. Even so, the defective complainant evidence could not support the conviction, and acquittal followed. Case-Laws Indian Laws Tue, 08 Nov 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=430569