https://www.taxtmi.com/caselaws?id=445714 Admitted execution of a cheque triggers presumptions under Sections 118 and 139 of the Negotiable Instruments Act, but those presumptions are rebuttable on a preponderance of probabilities. Where the accused disputes the loan and challenges the complainant's financial capacity, the complainant must then prove a legally enforceable debt with reliable evidence. In the text, inconsistent evidence on the source of funds, lack of supporting records, mismatch with account entries, and unexplained repeated presentations of the cheque undermined the claim. The result described is that the presumption was rebutted, the burden shifted back, and failure to prove the transaction and capacity defeated the prosecution under Section 138. en-us Fri, 03 Nov 2023 00:00:00 +0530 Sat, 18 Nov 2023 08:38:03 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=445714 Admitted execution of a cheque triggers presumptions under Sections 118 and 139 of the Negotiable Instruments Act, but those presumptions are rebuttable on a preponderance of probabilities. Where the accused disputes the loan and challenges the complainant's financial capacity, the complainant must then prove a legally enforceable debt with reliable evidence. In the text, inconsistent evidence on the source of funds, lack of supporting records, mismatch with account entries, and unexplained repeated presentations of the cheque undermined the claim. The result described is that the presumption was rebutted, the burden shifted back, and failure to prove the transaction and capacity defeated the prosecution under Section 138. Case-Laws Indian Laws Fri, 03 Nov 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=445714