https://www.taxtmi.com/caselaws?id=309128 Admission of the cheque signature triggered the statutory presumption under Section 139 of the Negotiable Instruments Act, 1881, but the complainant still had to show a legally enforceable debt. The complainant's evidence of a modest salary, no income-tax status, and no reliable proof of financial capacity to advance the alleged loan undermined that case. The accused raised a probable defence and rebutted the presumption on the balance of probabilities. On that basis, the conviction under Section 138 was found unsustainable, the revision was allowed, and the applicant was acquitted with reimbursement of any deposited compensation. en-us Thu, 11 Jul 2019 00:00:00 +0530 Sat, 12 Aug 2023 08:32:17 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=309128 Admission of the cheque signature triggered the statutory presumption under Section 139 of the Negotiable Instruments Act, 1881, but the complainant still had to show a legally enforceable debt. The complainant's evidence of a modest salary, no income-tax status, and no reliable proof of financial capacity to advance the alleged loan undermined that case. The accused raised a probable defence and rebutted the presumption on the balance of probabilities. On that basis, the conviction under Section 138 was found unsustainable, the revision was allowed, and the applicant was acquitted with reimbursement of any deposited compensation. Case-Laws Indian Laws Thu, 11 Jul 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=309128