https://www.taxtmi.com/caselaws?id=752134 In a cheque dishonour prosecution, the Section 139 presumption is rebuttable, and the accused may displace it on a preponderance of probabilities, including through the complainant's own evidence. The Court accepted that the complainant failed to establish adequate financial capacity or documentary support for the alleged cash loan, while defence evidence supported the plea that only a smaller amount was borrowed and repaid with interest. It also treated the surrounding circumstances, including multiple complaints and alleged blank cheque misuse, as strengthening the defence. On that basis, the acquittal was not shown to be illegal or perverse, and interference in revision was unwarranted. en-us Fri, 26 Apr 2024 00:00:00 +0530 Fri, 03 May 2024 11:08:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=752134 In a cheque dishonour prosecution, the Section 139 presumption is rebuttable, and the accused may displace it on a preponderance of probabilities, including through the complainant's own evidence. The Court accepted that the complainant failed to establish adequate financial capacity or documentary support for the alleged cash loan, while defence evidence supported the plea that only a smaller amount was borrowed and repaid with interest. It also treated the surrounding circumstances, including multiple complaints and alleged blank cheque misuse, as strengthening the defence. On that basis, the acquittal was not shown to be illegal or perverse, and interference in revision was unwarranted. Case-Laws Indian Laws Fri, 26 Apr 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=752134