https://www.taxtmi.com/caselaws?id=768256 In a Section 138 Negotiable Instruments Act prosecution, admission of the cheque signature triggered the presumptions under Sections 118(a) and 139, but those presumptions remained rebuttable on a preponderance of probabilities. The complainant's case failed because the alleged loan transaction, source and mode of payment, and claimed financial capacity were not supported by bank records, income tax returns, or other corroboration, and the mortgage security was also unproved. The accused's explanation that the cheque was issued as security, together with inconsistencies in the complainant's evidence, was held sufficient to rebut the statutory presumption. The acquittal was found untainted by perversity or legal infirmity, so leave to appeal was declined. en-us Thu, 27 Mar 2025 00:00:00 +0530 Fri, 04 Apr 2025 07:15:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=768256 In a Section 138 Negotiable Instruments Act prosecution, admission of the cheque signature triggered the presumptions under Sections 118(a) and 139, but those presumptions remained rebuttable on a preponderance of probabilities. The complainant's case failed because the alleged loan transaction, source and mode of payment, and claimed financial capacity were not supported by bank records, income tax returns, or other corroboration, and the mortgage security was also unproved. The accused's explanation that the cheque was issued as security, together with inconsistencies in the complainant's evidence, was held sufficient to rebut the statutory presumption. The acquittal was found untainted by perversity or legal infirmity, so leave to appeal was declined. Case-Laws Indian Laws Thu, 27 Mar 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=768256