In Brief
A retired bus conductor lent Rs. 6,00,000 to the accused, who issued a cheque dated 27.02.2012 that dishonoured. The trial court acquitted the accused, finding the complainant failed to prove financial capacity to lend such a large sum. The High Court reversed the acquittal and convicted the accused. The Supreme Court restored the acquittal, holding that the accused had raised a probable defence by highlighting the complainant's questionable financial capacity (having retired with Rs. 8,00,000 in 1997 and made multiple large loans totalling Rs. 18 lakhs within two years) and inconsistencies in the complainant's account of when the loan was given. The Court clarified that to rebut the presumption under Section 139, the accused need only establish preponderance of probabilities, not beyond reasonable doubt, and can rely on the complainant's own evidence to do so.
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