Negotiable Instruments Act, 1881–Sec. 138–Financial capacity of the complainant–Complainant is initially not required to lead the evidence to show that he had the financial capacity–However, the accused has the right to demonstrate that the complainant in a particular case did not have the capacity and, therefore, the case of accused is acceptable which he can do by producing independent materials namely by examining his witnesses and producing documents–It is also open to him to establish the very same aspect by pointing to the materials produced by the complainant himself–He also can do the cross-examination of the witnesses of the complainant.
