Presumption in cheque bounce cases shifts burden to accused to rebut claim of legally enforceable debt. The complainant must prove issuance, presentation and dishonour of the cheque to trigger the presumption under Section 139, after which the burden shifts ... Summary
Presumption in cheque bounce cases shifts burden to accused to rebut claim of legally enforceable debt.
The complainant must prove issuance, presentation and dishonour of the cheque to trigger the presumption under Section 139, after which the burden shifts to the accused to rebut by proving absence of a legally enforceable debt; conflicting statements and lack of substantive evidence undermine rebuttal and sustain the presumption.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.