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    <title>2023 (6) TMI 1149 - BOMBAY HIGH COURT</title>
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    <description>Admitted execution and voluntary delivery of a cheque triggered the statutory presumption of liability under Section 139 of the Negotiable Instruments Act, 1881, and a bare assertion that the cheque was blank or issued as security was insufficient to rebut it. However, the plaint and surrounding correspondence left unexplained gaps about the earlier lower figure and the later enhancement of the claim, creating a limited triable issue. The defendant therefore was not entitled to unconditional leave to defend, but conditional leave to defend was appropriate, preserving the defence while allowing the suit to proceed on a deposit condition.</description>
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      <description>Admitted execution and voluntary delivery of a cheque triggered the statutory presumption of liability under Section 139 of the Negotiable Instruments Act, 1881, and a bare assertion that the cheque was blank or issued as security was insufficient to rebut it. However, the plaint and surrounding correspondence left unexplained gaps about the earlier lower figure and the later enhancement of the claim, creating a limited triable issue. The defendant therefore was not entitled to unconditional leave to defend, but conditional leave to defend was appropriate, preserving the defence while allowing the suit to proceed on a deposit condition.</description>
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