Dishonour of Cheque--Proof of Debt is Must--Probable Defence rebuts the presumption of debt
Statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act, 1881 are rebuttable. Where the accused raises a probable defence sufficient to cast doubt on the existence of a legally enforceable debt or liability, the presumption stands rebutted. Absence of documentary evidence of financial capacity, vagueness of the underlying transaction, and pre-presentation stop-payment instructions collectively constitute a probable defence. An appellate court must exercise restraint in interfering with an order of acquittal unless the finding is perverse or legally unsustainable. Thus, Mere Cheque Issuance Not Enough Without Proof Of Debt
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