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2018 (8) TMI 737 - HC - Indian LawsDishonor of Cheque - Section 138 of Negotiable Instrument Act - rebutting of presumption - Held that:- In Rangappa v. Sri Mohan [2010 (5) TMI 391 - SUPREME COURT OF INDIA] it is held by Hon’ble Supreme Court that “it is a settled position that when an accused has to rebut the presumption under Section 39, the standard of proof for doing so is that of ‘preponderance of probabilities’. Therefore, if the accused is able to raise a probable defence which creates doubts about the existence of a legally enforceable debt or liability, the prosecution can fail. The accused can rely on the materials submitted by the complainant in order to raise such a defence and it is conceivable that in some cases the accused may not need to adduce evidence of his/her own”. The petitioner accused has presented those facts, i.e., the defence of the petitioner-accused. These facts must be produced before the Trial court then Trial Court will consider all the facts produced by the petitioner accused - Application dismissed.
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