K.S. Ranganatha v. Vittal Shetty

Negotiable Instruments Act 1881 Legal aspect relating to the presumption arising in law when a cheque is issued When a cheque is drawn out and is relied upon by the drawee, it will raise a presumption that it is drawn towards a consideration which is a legally recoverable amount; such presumption of course, is rebuttable by proving to the contrary. The onus is on the accused to raise a probable defence and the standard of proof for rebutting the presumption is on preponderance of probabilities.

Case Law Reference

  1. Triyambak S. Hegde v. Sripad, 23.09.2021
  2. Kalamani Tex v. P. Balasubramanian, (2021) 5 SCC 283
  3. Basalingappa v. Mudibasappa, (2019) 5 SCC 418
  4. Reverend Mother Marykutty v. Reni C. Kottaram, (2013) 1 SCC 327
  5. K. Prakashan v. P.K. Surendran, (2008) 1 SCC 258
  6. K. Bhaskaran v. Sankaran Vaidhyan Balan, (1999) 7 SCC 510