Understanding Burden of Proof in Cheque Bounce Cases: Insights from a Landmark Judgment

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....cerning a cheque bounce. The primary legal issues revolve around the discharge of debt/liability through a cheque, the presumption under Section 139 of the Negotiable Instruments Act, and the burden of proof in such cases. Key aspects of the case include: Factual Background: The case involves a financial transaction where the appellant claims to have lent money to the respondent, which was to be....

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....e presumption of a debt/liability concerning a dishonored cheque. ​​​​​​​The Presumption Under Section 139 Section 139 of the Act provides a presumption in favor of the holder of a dishonored cheque. This presumption is that the cheque was issued for the discharge of a debt or liability. The onus is initially on the complainant to establish the basic fa....