Understanding Burden of Proof in Cheque Bounce Cases: Insights from a Landmark Judgment

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..... ncerning a cheque bounce. The primary legal issues revolve around the discharge of debt/liability through a cheque, the presumption under Section 139 of the Negotiable Instruments Act, and the burden of proof in such cases. Key aspects of the case include: Factual Background: The case involves a financial transaction where the appellant claims to have lent money to the respondent, which was to b .....

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..... he presumption of a debt/liability concerning a dishonored cheque. ​​​​​​​The Presumption Under Section 139 Section 139 of the Act provides a presumption in favor of the holder of a dishonored cheque. This presumption is that the cheque was issued for the discharge of a debt or liability. The onus is initially on the complainant to establish the basic f .....

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..... claims. The Court concludes that the accused's defense is not credible, lacking in evidence, and fails to rebut the presumption under Section 139. The Court allowed the appeal, setting aside the judgments of the lower courts and convicting the respondent. In essence, this case illustrates the intricate dynamics of burden of proof and the statutory presumptions in cases of cheque dishonor unde .....

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