https://www.taxtmi.com/caselaws?id=770524 Admitted issuance and signature on a cheque trigger rebuttable presumptions under Sections 118 and 139 of the Negotiable Instruments Act, 1881, but the accused can displace them on a preponderance of probabilities by relying on defence evidence and surrounding circumstances. Here, the accused showed that the cheque was linked to an uncompleted land transaction, while the complainant failed to clearly prove the alleged loan date, source of funds, or financial capacity to advance the cash amount. Those deficiencies were sufficient to rebut the presumptions and leave the complainant unable to establish a legally enforceable debt. The acquittal was therefore sustained and the prosecution threshold under Section 138 was not met on the evidence. en-us Wed, 07 May 2025 00:00:00 +0530 Tue, 13 May 2025 09:17:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=770524 Admitted issuance and signature on a cheque trigger rebuttable presumptions under Sections 118 and 139 of the Negotiable Instruments Act, 1881, but the accused can displace them on a preponderance of probabilities by relying on defence evidence and surrounding circumstances. Here, the accused showed that the cheque was linked to an uncompleted land transaction, while the complainant failed to clearly prove the alleged loan date, source of funds, or financial capacity to advance the cash amount. Those deficiencies were sufficient to rebut the presumptions and leave the complainant unable to establish a legally enforceable debt. The acquittal was therefore sustained and the prosecution threshold under Section 138 was not met on the evidence. Case-Laws Indian Laws Wed, 07 May 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=770524