https://www.taxtmi.com/caselaws?id=773993 In a Section 138 prosecution, the presumptions under Sections 118(a) and 139 arise once cheque execution is admitted, but they remain rebuttable on a preponderance of probabilities. Where the accused sets up a probable defence, including that the cheques were security cheques and that the alleged cash loan was unsupported by documents, witnesses, or proof of financial capacity, the burden shifts back to the complainant to prove the legally enforceable debt as a matter of fact. An acquittal resting on that evidentiary failure, and not on perversity, does not warrant interference in leave to appeal proceedings. en-us Fri, 27 Jun 2025 00:00:00 +0530 Wed, 02 Jul 2025 08:42:22 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=773993 In a Section 138 prosecution, the presumptions under Sections 118(a) and 139 arise once cheque execution is admitted, but they remain rebuttable on a preponderance of probabilities. Where the accused sets up a probable defence, including that the cheques were security cheques and that the alleged cash loan was unsupported by documents, witnesses, or proof of financial capacity, the burden shifts back to the complainant to prove the legally enforceable debt as a matter of fact. An acquittal resting on that evidentiary failure, and not on perversity, does not warrant interference in leave to appeal proceedings. Case-Laws Indian Laws Fri, 27 Jun 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=773993