https://www.taxtmi.com/caselaws?id=446423 In a prosecution under Section 138 of the Negotiable Instruments Act, the complainant must first establish the foundational facts for the cheque transaction, including the alleged loan and supporting circumstances, before the statutory presumption can operate. Here, the complainant failed to prove the date and place of borrowal, the source and financial capacity to advance the money, and other material particulars of the alleged loan. The defence version of cheque misuse was found probable on the evidence as a whole, so the presumption under Section 139 was rebutted on a preponderance of probabilities and the acquittal was upheld. en-us Thu, 23 Nov 2023 00:00:00 +0530 Tue, 05 Dec 2023 09:50:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=446423 In a prosecution under Section 138 of the Negotiable Instruments Act, the complainant must first establish the foundational facts for the cheque transaction, including the alleged loan and supporting circumstances, before the statutory presumption can operate. Here, the complainant failed to prove the date and place of borrowal, the source and financial capacity to advance the money, and other material particulars of the alleged loan. The defence version of cheque misuse was found probable on the evidence as a whole, so the presumption under Section 139 was rebutted on a preponderance of probabilities and the acquittal was upheld. Case-Laws Indian Laws Thu, 23 Nov 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=446423