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2019 (1) TMI 447 - HC - Indian LawsDishonor of Cheque - insufficient funds - acquittal of the respondent in the complaint instituted by him - rebuttal of presumptions - Section 138 of the Negotiable Instruments Act - Held that:- In terms of Section 4 of the Evidence Act whenever it is provided by the Act that the Court shall presume a fact, it shall regard such fact as proved unless and until it is disproved. The words “proved” and “disproved” have been defined in Section 3 of the Evidence Act - Applying the said definitions of “proved” or “disproved” to the principle behind Section 118(a) of the Act, the Court shall presume a negotiable instrument to be for consideration unless and until after considering the matter before it, it either believes that the consideration does not exist or considers the non-existence of the consideration so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that the consideration does not exist. For rebutting such presumption, what is needed is to raise a probable defence. Even for the said purpose, the evidence adduced on behalf of the complainant could be relied upon. In M.S. Narayana Menon alias Mani versus State of Kerala and another [2006 (7) TMI 576 - SUPREME COURT], the Hon’ble Supreme Court while dealing with a case under Section 138 of the Act held that the presumption under Sections 118(a) and 139 were rebuttable and the standard of proof required for such rebuttal was “preponderance of probability” and not proof “proved beyond reasonable doubt”. It cannot be said that the Court below has not correctly appreciated the evidence on record or that acquittal of the respondent has resulted into travesty of justice. No ground for interference is called for - appeal dismissed.
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