Negotiable Instruments Act, 1881–Sec. 138–Acquittal–Reversed by High Court–PW 1 admitted that he does not remember that the cheque was issued in relation of loan–Complainant made the payment of 18 lakhs in the year 2010-11–No satisfactory explanation was given by him when question of his financial capacity was asked to him–Burden shifted on him to prove his financial capacity–Further, he did not mention the date of advancing the loan–High Court was unduly influenced with the fact that the accused did not reply the notice denying the execution of cheque or legal liability–appellant-accused
succeeded in laying the probable defence–Held, view taken by High Court cannot be sustained.
