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