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2019 (7) TMI 1338 - HC - Indian LawsDishonor of Cheque - rebuttal of presumption - statutory presumption under Sections 118 and 139 of the NI Act - HELD THAT:- The presumptions under Section 118 or under Section 139 are rebuttable. Section 139 allows a presumption that the cheque referred to in Section 138 was given to discharge the debt in whole or in part. But the question is whether the debt or other liability under Section 139 is presumed to be “a legally enforceable debt.” The existence of legally recoverable debt is not a matter of presumption under Section 139 of the Act. It merely raises a presumption in favour of a holder of the cheque that the same has been issued for discharge of any debt or other liability. It has also held that the prosecution must prove the guilt of an accused beyond all reasonable doubt, the standard of proof to prove an accused's defence is ‘preponderance of probabilities.’ If the accused can raise a probable defence which creates doubts about the existence of a legally enforceable debt or liability, the prosecution will fail. So the accused can rely on the materials submitted by the complainant to raise such a defence and it is conceivable that sometimes the accused may not need to adduce evidence of his/her own. Appeal allowed.
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