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2018 (3) TMI 641 - HC - Indian LawsLeave to appeal against the judgment 19th December, 2015 - return of security cheques - case of petitioner is that the claim of the respondent of return of the amount to the petitioner is not fortified by the Income-tax return of the petitioner - Held that: - Once the petitioner proves its case, presumption is raised under Section 139 of the Negotiable Instruments Act which the accused is required to rebut, however the standard of proof required to rebut the presumption is not beyond reasonable doubt and if by preponderance of probability the respondent is able to rebut the presumption the same is sufficient. Merely because there is a contradiction in the cash amount being received from the sale of a particular property between the evidence of the respondent and his mother cannot be a ground to discard the defence. Petition dismissed.
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