Dishonour of Cheque -- Different Ink Entries -- Signature and particulars in different inks do not invalidate cheque
(i) Negotiable Instruments Act, 1881, S.138 -- Dishonour of Cheque -- Different Ink Entries -- Validity of a cheque is not affected merely because the signature and other particulars are written using different inks. No requirement exists that date, amount and signature be written in the same ink for the instrument to remain valid. (ii) Negotiable Instruments Act, 1881, S.139 -- Dishonour of Cheque -- Plea of Discharge of Liability -- Burden lies on a party asserting discharge of an admitted liability to establish the same through cogent and convincing evidence. A bare assertion of repayment, unsupported by proof, does not amount to discharge. (iii) Negotiable Instruments Act, 1881, Ss.118, 139 -- Dishonour of Cheque -- Rebuttal of Statutory Presumption -- Mere raising of a probable defence does not rebut the presumptions available to a holder of a cheque. Once the complainant discharges the initial burden, entitlement to the presumptions under Sections 118 and 139 continues unless displaced by cogent evidence.
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