https://www.taxtmi.com/caselaws?id=458277 The Bombay HC dismissed an appeal against acquittal in a cheque dishonour case. The court held that rebutting the presumption under Section 139 of the Negotiable Instruments Act requires proof on preponderance of probabilities, not beyond reasonable doubt. The accused can rely on evidence led by them or materials submitted by the complainant to raise probable defence. The court emphasized that Section 139 imposes evidentiary burden, not persuasive burden, so the accused need not testify. With acquittal, there exists double presumption of innocence - the fundamental presumption plus reinforcement by the trial court's acquittal order. The trial court's finding that prosecution failed to prove its case was deemed proper and legal. en-us Thu, 02 Jan 2020 00:00:00 +0530 Fri, 18 Oct 2024 19:52:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458277 The Bombay HC dismissed an appeal against acquittal in a cheque dishonour case. The court held that rebutting the presumption under Section 139 of the Negotiable Instruments Act requires proof on preponderance of probabilities, not beyond reasonable doubt. The accused can rely on evidence led by them or materials submitted by the complainant to raise probable defence. The court emphasized that Section 139 imposes evidentiary burden, not persuasive burden, so the accused need not testify. With acquittal, there exists double presumption of innocence - the fundamental presumption plus reinforcement by the trial court's acquittal order. The trial court's finding that prosecution failed to prove its case was deemed proper and legal. Case-Laws Indian Laws Thu, 02 Jan 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458277