Rebuttal of Presumption – No date, month and year has been mentioned in the complainant as to when liability arose -- No document to show the loan transaction -- No receipt or security document was got executed while lending a huge amount of Rs.3 lakhs to the accused – Complainant is also doing business of shuttering and might be maintaining account books but he has also not produced any account books to show this loan transaction -- Complainant himself has stated that he could not tell exact date of advancement of loan of Rs.3 lakhs but stated in cross-examination that it was in the month of October 2012 – Presumption u/s 139 rebutted.

(P&H HC) Decided on: 02.11.2018