https://www.taxtmi.com/caselaws?id=408654 Section 139 of the Negotiable Instruments Act creates a mandatory reverse-onus presumption in favour of the cheque holder, and that presumption extends to the existence of a legally enforceable debt or liability. It remains rebuttable, with the accused required only to raise a probable defence on a preponderance of probabilities, not prove innocence beyond reasonable doubt. The discussion also notes that admitted signatures and transactions, without credible supporting material, are insufficient to rebut the presumption, and that a claimed defect in cognizance under the Code of Criminal Procedure will not vitiate the complaint where the record shows cognizance was in fact taken. en-us Tue, 02 Mar 2021 00:00:00 +0530 Thu, 17 Jun 2021 10:49:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=408654 Section 139 of the Negotiable Instruments Act creates a mandatory reverse-onus presumption in favour of the cheque holder, and that presumption extends to the existence of a legally enforceable debt or liability. It remains rebuttable, with the accused required only to raise a probable defence on a preponderance of probabilities, not prove innocence beyond reasonable doubt. The discussion also notes that admitted signatures and transactions, without credible supporting material, are insufficient to rebut the presumption, and that a claimed defect in cognizance under the Code of Criminal Procedure will not vitiate the complaint where the record shows cognizance was in fact taken. Case-Laws Indian Laws Tue, 02 Mar 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=408654