ValkyaEditorial

Tagged “reverse-onus”

1 article on reverse-onus.

Supreme CourtSupreme Court of India

Rangappa v. Sri Mohan (2010): the Section 139 presumption includes a legally enforceable debt

A three-judge bench of the Supreme Court held that the presumption under Section 139 of the Negotiable Instruments Act extends to the existence of a legally enforceable debt or liability, not merely the issuance of the cheque. Once the drawer admits the signature, an evidentiary onus shifts to the accused, rebuttable only on the preponderance of probabilities.

Valkya Editorial··6 min