https://www.taxtmi.com/caselaws?id=753773 In a prosecution under Section 138 of the Negotiable Instruments Act, the admitted execution of the cheque raised presumptions under Sections 118 and 139, but those presumptions remained rebuttable on a preponderance of probabilities. The accused discharged that burden through inconsistencies in the complainant's version of the loan transaction, the limited knowledge of the power of attorney holder, and the complainant's failure to produce relevant accounts despite a Section 91 CrPC direction. The court held that the complainant did not prove a legally recoverable debt or the underlying liability, so the accused's probable defence succeeded and the acquittal stood. en-us Thu, 23 May 2024 00:00:00 +0530 Mon, 10 Jun 2024 17:29:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=753773 In a prosecution under Section 138 of the Negotiable Instruments Act, the admitted execution of the cheque raised presumptions under Sections 118 and 139, but those presumptions remained rebuttable on a preponderance of probabilities. The accused discharged that burden through inconsistencies in the complainant's version of the loan transaction, the limited knowledge of the power of attorney holder, and the complainant's failure to produce relevant accounts despite a Section 91 CrPC direction. The court held that the complainant did not prove a legally recoverable debt or the underlying liability, so the accused's probable defence succeeded and the acquittal stood. Case-Laws Indian Laws Thu, 23 May 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=753773