https://www.taxtmi.com/caselaws?id=753828 In a Section 138 prosecution, the statutory presumptions under Sections 118 and 139 were held to stand rebutted where the accused raised a probable defence on a preponderance of probabilities. The complainant's claim of a loan was found unreliable because the complaint and chief affidavit omitted the loan date, and cross-examination with documentary material indicated earlier timber-related dealings and an alternative commercial relationship. The cheque amount also matched an earlier agreement, supporting the defence version. As the complainant failed to prove that the cheque was issued in discharge of a legally enforceable debt or liability, the acquittal was upheld. en-us Fri, 24 May 2024 00:00:00 +0530 Tue, 11 Jun 2024 14:39:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=753828 In a Section 138 prosecution, the statutory presumptions under Sections 118 and 139 were held to stand rebutted where the accused raised a probable defence on a preponderance of probabilities. The complainant's claim of a loan was found unreliable because the complaint and chief affidavit omitted the loan date, and cross-examination with documentary material indicated earlier timber-related dealings and an alternative commercial relationship. The cheque amount also matched an earlier agreement, supporting the defence version. As the complainant failed to prove that the cheque was issued in discharge of a legally enforceable debt or liability, the acquittal was upheld. Case-Laws Indian Laws Fri, 24 May 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=753828