https://www.taxtmi.com/caselaws?id=458303 In a prosecution under Section 138 of the Negotiable Instruments Act, the complainant must first prima facie prove the underlying cash loan and the existence of a legally recoverable debt before the presumptions under Sections 118 and 139 can operate. Where the complainant could not state the loan date with certainty, produced no loan document, did not examine the alleged witness to the transaction, and failed to prove financial capacity or the source of funds, the alleged cash payment remained unsupported by reliable evidence. On those facts, the court held that the presumptions were not available and the evidence was insufficient to sustain the conviction, resulting in acquittal. en-us Wed, 03 Jul 2019 00:00:00 +0530 Sun, 20 Oct 2024 17:28:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458303 In a prosecution under Section 138 of the Negotiable Instruments Act, the complainant must first prima facie prove the underlying cash loan and the existence of a legally recoverable debt before the presumptions under Sections 118 and 139 can operate. Where the complainant could not state the loan date with certainty, produced no loan document, did not examine the alleged witness to the transaction, and failed to prove financial capacity or the source of funds, the alleged cash payment remained unsupported by reliable evidence. On those facts, the court held that the presumptions were not available and the evidence was insufficient to sustain the conviction, resulting in acquittal. Case-Laws Indian Laws Wed, 03 Jul 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458303