Negotiable Instruments Act, 1881–Sec. 138–Financial capacity of complainant–Burden of establishment–The onus is not on the complainant at the the threshold to prove his capacity / financial wherewithal to make the payment in discharge of which the cheque is alleged to have been issued in his favour–If an objection is raised that the complainant was not in a financial position to pay the amount so claimed by him to have been given as a loan to the accused, only then the complainant would have to bring before the Court cogent material to indicate that he had the financial capacity and he had actually advanced the amount in question by way of the loan.
