Section 138 of the Negotiable Instruments Act: Accused Can Rebut Presumption; Complainant Must Prove Debt Beyond Reasonable Doubt.

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....The offence u/s 138 of the NI Act though technical, is punitive in nature. Hence, once the accused had rebutted the initial presumption it was imperative upon the complainant to prove beyond reasonable doubt that the cheques were issued towards the existing debt or liability - HC....