https://www.taxtmi.com/caselaws?id=436095 In Section 138 prosecutions, the statutory presumptions under Sections 118 and 139 arise on admitted cheque issuance, but they remain rebuttable through cross-examination, surrounding circumstances, or independent evidence. The text explains that a probable defence can be made out by challenging the complainant's financial capacity and the existence of a legally enforceable debt. Doubt over an alleged cash loan, lack of written documentation, inconsistencies in the claimed withdrawal and advance, and a defence of misuse of blank signed cheques were treated as sufficient to shake the debt claim and require cogent proof of liability from the complainant. en-us Mon, 27 Mar 2023 00:00:00 +0530 Wed, 05 Apr 2023 08:57:27 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=436095 In Section 138 prosecutions, the statutory presumptions under Sections 118 and 139 arise on admitted cheque issuance, but they remain rebuttable through cross-examination, surrounding circumstances, or independent evidence. The text explains that a probable defence can be made out by challenging the complainant's financial capacity and the existence of a legally enforceable debt. Doubt over an alleged cash loan, lack of written documentation, inconsistencies in the claimed withdrawal and advance, and a defence of misuse of blank signed cheques were treated as sufficient to shake the debt claim and require cogent proof of liability from the complainant. Case-Laws Indian Laws Mon, 27 Mar 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=436095