M/S Live Life Enterprises v. Rama Enterprises and Another
Case brief
What is this about?
The presumption under Sections 138 and 139 of the Negotiable Instruments Act that a cheque is issued for consideration is rebuttable. The standard of proof required to rebut this presumption is lower than that required of the prosecution. The accused need only make their version reasonably probable to discharge the burden. Courts may consider evidence and circumstances to determine if the presumption is sufficiently rebutted. This paragraph outlines the legal position on the standard of proof for rebutting presumptions in cheque dispute cases.