Cheque bounce case -- Legal enforceable liability – Rebuttal of presumption -- Defence was that the cheque was issued to the complainant on an assurance of a loan which would be obtained from a financial institution – Entire amount alleged to have been paid without obtaining a receipt or document evidencing the payment of the amount – Complainant failed to establish the source of funds -- Nothing was stated by the complainant in regard to the fate of the earlier two cheques which were allegedly issued by the accused -- Non-disclosure of the facts pertaining to the earlier two cheques, and the steps, if any, taken for recovery was again a material consideration which indicated that there was a doubt in regard to the transaction – Presumption stands rebutted -- Order of acquittal passed by the first appellate court was justified.

(SC) Decided on: 18.01.2019