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    <title>2026 (7) TMI 79 - CALCUTTA HIGH COURT</title>
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    <description>In a prosecution under Section 138 of the Negotiable Instruments Act, the statutory presumption under Section 139 remained rebuttable and was displaced on a preponderance of probabilities where the complainant failed to prove a legally enforceable debt. The court found the loan evidence deficient because no contemporaneous financial records, receipts, or reliable particulars of disbursement were produced, while the defence offered a probable explanation that the cheque was blank and signed. Applying the limited appellate standard in acquittal matters, interference was declined because the trial court&#039;s view was plausible and not perverse. The acquittal was therefore upheld and the criminal appeal dismissed.</description>
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    <pubDate>Mon, 29 Jun 2026 00:00:00 +0530</pubDate>
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      <title>2026 (7) TMI 79 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=794193</link>
      <description>In a prosecution under Section 138 of the Negotiable Instruments Act, the statutory presumption under Section 139 remained rebuttable and was displaced on a preponderance of probabilities where the complainant failed to prove a legally enforceable debt. The court found the loan evidence deficient because no contemporaneous financial records, receipts, or reliable particulars of disbursement were produced, while the defence offered a probable explanation that the cheque was blank and signed. Applying the limited appellate standard in acquittal matters, interference was declined because the trial court&#039;s view was plausible and not perverse. The acquittal was therefore upheld and the criminal appeal dismissed.</description>
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      <pubDate>Mon, 29 Jun 2026 00:00:00 +0530</pubDate>
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