Rebuttable presumption under the Negotiable Instruments Act: burden can be discharged on preponderance of probabilities by accused. The court holds that the statutory presumption in favour of the cheque holder is rebuttable and may be displaced by the drawer upon adducing evidence ... Summary
Rebuttable presumption under the Negotiable Instruments Act: burden can be discharged on preponderance of probabilities by accused.
The court holds that the statutory presumption in favour of the cheque holder is rebuttable and may be displaced by the drawer upon adducing evidence which, on the preponderance of probabilities, shows the cheque was not issued for a legally recoverable debt; inconsistencies in the holder's case, absence of supporting financial records, and unexplained issuance circumstances are salient in assessing rebuttal.
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TaxTMI 
TaxTMI 
