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2022 (11) TMI 1322 - SC - Indian LawsDishonour of Cheque - sufficient evidence having position to advance a loan or not - rebuttal of statutory presumption - HELD THAT:- The High Court was not right in holding that the onus was not on the respondent to show that the debt was neither due nor payable. Referring the Sections of the N.I. Act, a three Judges Bench of this Court in MR. T. VASANTHAKUMAR VERSUS VIJAYAKUMARI [2015 (4) TMI 1238 - SUPREME COURT], where an earlier judgment of this Court in RANGAPPA VERSUS SRI MOHAN [2010 (5) TMI 391 - SUPREME COURT] was referred, which elucidating on the presumption under Section 139 of the N.I. Act, observes that this includes a presumption that there exists a legally enforceable debt or liability. However, the presumption under Section 139 of the N.I. Act is rebuttable and it is open to the accused to raise a defence wherein the existence of a legally enforceable debt or liability can be contested. The impugned judgment is set aside with an order of remit to the High Court, to decide the appeal on the basis that the appellant is entitled to the benefit of presumption under Section 139 of the N.I. Act. Thereupon, the High Court will consider the evidence and the material on record to decide whether the offence under Section 138 of the N.I. Act is established and made out. Appeal allowed.
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