https://www.taxtmi.com/caselaws?id=456818 In a prosecution under Section 138 of the Negotiable Instruments Act, the statutory presumptions under Sections 118 and 139 are rebuttable and do not remove the complainant's duty to plead the underlying debt. The accused was allowed to adduce additional evidence in appeal under Section 391 CrPC, and the record showed discrepancies between the cheque amount and the complainant's accounts, including inflated interest calculations. On that basis, the accused rebutted the presumption on a preponderance of probability. As the acquittal was not shown to be perverse or wholly unsustainable in law, the appellate court declined interference and upheld the acquittal. en-us Wed, 29 Jan 2020 00:00:00 +0530 Fri, 16 Aug 2024 20:13:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=456818 In a prosecution under Section 138 of the Negotiable Instruments Act, the statutory presumptions under Sections 118 and 139 are rebuttable and do not remove the complainant's duty to plead the underlying debt. The accused was allowed to adduce additional evidence in appeal under Section 391 CrPC, and the record showed discrepancies between the cheque amount and the complainant's accounts, including inflated interest calculations. On that basis, the accused rebutted the presumption on a preponderance of probability. As the acquittal was not shown to be perverse or wholly unsustainable in law, the appellate court declined interference and upheld the acquittal. Case-Laws Indian Laws Wed, 29 Jan 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=456818