https://www.taxtmi.com/caselaws?id=314308 A cheque dishonour prosecution under the Negotiable Instruments Act depends on the complainant proving financial capacity once the accused raises a probable defence against the loan transaction. Statutory presumptions under Sections 118 and 139 do not, by themselves, end the inquiry; the complainant must still show a credible source of funds. Here, the alleged cash loan was not supported by bank extracts, the connected purchaser was not examined, ownership documents for the claimed vehicle sale were not produced, and timing inconsistencies further weakened the case. On that evidentiary record, the conviction was held unsustainable and acquittal followed. en-us Tue, 02 Jan 2024 00:00:00 +0530 Thu, 30 May 2024 20:53:19 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=314308 A cheque dishonour prosecution under the Negotiable Instruments Act depends on the complainant proving financial capacity once the accused raises a probable defence against the loan transaction. Statutory presumptions under Sections 118 and 139 do not, by themselves, end the inquiry; the complainant must still show a credible source of funds. Here, the alleged cash loan was not supported by bank extracts, the connected purchaser was not examined, ownership documents for the claimed vehicle sale were not produced, and timing inconsistencies further weakened the case. On that evidentiary record, the conviction was held unsustainable and acquittal followed. Case-Laws Indian Laws Tue, 02 Jan 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=314308