Case Laws Indian Laws
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Admitted cheque signatures trigger presumptions of consideration and enforceable debt, requiring evidence-based probable defences in dishonour proceedings.
Once execution of a cheque is admitted or proved, consideration must be presumed and the holder must be presumed to have received the cheque towards discharge, wholly or partly, of a legally enforceable debt or other liability. The drawer may rebut these presumptions on a preponderance of probabilities, but the defence must have a factual foundation. Bare denials, unsupported misuse allegations, and blank-cheque or security-cheque assertions ordinarily do not displace the presumptions. Financial capacity becomes material only upon a credible, specific, and evidence-based challenge.