Accused Relies On Income Tax Returns To Show Complainant Did Not Have Financial Capacity; Supreme Court Affirms Acquittal The Supreme Court observed that the standard of proof of rebutting the presumption under Section 139 of the Negotiable Instruments Act is that of preponderance of probabilities. In this case, there was a cheque bounce complaint, and the accused was acquitted by the Trial Court. The High Court reversed the acquittal by the Trial Court In the appeal at Supreme Court, it was noticed that the accused had examined the Income Tax Officer who had produced certified copies of the Income Tax Returns of the complainant for the relevant financial period to show that the complainant had not declared that he had lent Rs. 3 lakh to the accused and that the complainant did not have financial capacity to lend money as alleged. With a team of Commercial Law experts, Reddy & Reddy Law Firm has extensive experience and involvement in commercial disputes, including Insolvency Proceedings. We are regularly involved in representations before NCLT, NCLAT, DRT and other commercial tribunals in India.