https://www.taxtmi.com/caselaws?id=417242 Statutory presumption under Section 139 of the Negotiable Instruments Act can be rebutted on a preponderance of probabilities where the defence raises a probable case against a legally enforceable debt. The text notes that the complainant relied on cheque dishonour and notice, but the defence produced oral and documentary evidence showing the cheque arose from a partnership arrangement and the agreement dated 03.01.2015 was admitted. It also highlights the absence of particulars on the alleged loan, including when it was advanced, on what terms, and when repayment was due. On that basis, the presumption was treated as rebutted and the existence of enforceable debt was found unproved. en-us Mon, 10 Jan 2022 00:00:00 +0530 Wed, 19 Jan 2022 08:49:45 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=417242 Statutory presumption under Section 139 of the Negotiable Instruments Act can be rebutted on a preponderance of probabilities where the defence raises a probable case against a legally enforceable debt. The text notes that the complainant relied on cheque dishonour and notice, but the defence produced oral and documentary evidence showing the cheque arose from a partnership arrangement and the agreement dated 03.01.2015 was admitted. It also highlights the absence of particulars on the alleged loan, including when it was advanced, on what terms, and when repayment was due. On that basis, the presumption was treated as rebutted and the existence of enforceable debt was found unproved. Case-Laws Indian Laws Mon, 10 Jan 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=417242