https://www.taxtmi.com/caselaws?id=462523 In a prosecution under Section 138 of the Negotiable Instruments Act, the complainant's failure to prove financial capacity to advance the alleged loan justified the rebuttal of the Section 139 presumption on a preponderance of probabilities. The Court noted that the claimed source of funds from the complainant's mother was unsupported because she was not examined, and the alleged sale transaction said to fund the loan had been cancelled. A prior Section 138 proceeding also showed failure to produce income documents. As the accused raised a probable defence from the complainant's own materials and the concurrent findings were not shown to be infirm, interference with the acquittal was not warranted. en-us Tue, 31 Oct 2023 00:00:00 +0530 Sat, 28 Jun 2025 14:55:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=462523 In a prosecution under Section 138 of the Negotiable Instruments Act, the complainant's failure to prove financial capacity to advance the alleged loan justified the rebuttal of the Section 139 presumption on a preponderance of probabilities. The Court noted that the claimed source of funds from the complainant's mother was unsupported because she was not examined, and the alleged sale transaction said to fund the loan had been cancelled. A prior Section 138 proceeding also showed failure to produce income documents. As the accused raised a probable defence from the complainant's own materials and the concurrent findings were not shown to be infirm, interference with the acquittal was not warranted. Case-Laws Indian Laws Tue, 31 Oct 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=462523