Admission of cheque issuance and signature thereon by accused creates presumption in favour of holder

FEMA, BANKING & INSURANCE : Section 139 is an example of reverse onus clause and, therefore, once issuance of cheque has been admitted and even signature on cheque has been admitted, there is always a presumption in favour of complainant that there exists legally enforceable debt or liability and thereafter, it is for accused to rebut such presumption by leading evidence

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