Dishonour of Cheque -- Statutory Presumption -- Cannot be dislodged summarily at stage of issuance of process
(i) Negotiable Instruments Act, 1881, Ss.138, 139 -- Dishonour of Cheque -- Statutory Presumption -- At the stage of issuance of process, the statutory presumption under S.139 cannot be dislodged in a summary manner merely by contending that the cheque was not issued for any legally enforceable debt or liability. (ii) Negotiable Instruments Act, 1881, Ss.138, 139 -- Dishonour of Cheque -- Rebuttal of Presumption -- Once the basic ingredients of S.138 have been duly satisfied by the complainant, rebuttal of the statutory presumption by the drawer of the cheque can only be made during the course of trial and not at a pre-trial stage. (iii) Negotiable Instruments Act, 1881, Ss.138, 139 -- Dishonour of Cheque -- Pre-Trial Conclusion as to Absence of Legally Enforceable Debt -- Where the basic ingredients of S.138 stand satisfied and the statutory presumption under S.139 stands triggered, arriving at a conclusion at the pre-trial stage that the cheque was not issued for a legally enforceable debt, without affording the complainant an opportunity to lead evidence, amounts to ignoring the statutory presumption in favour of the complainant.
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