Raj Bala vs . Baby Devi on 5 August, 2023
15. It is true that for offence U/s 138 NI Act the accused
is not expected to prove her defence beyond reasonable doubt in
order to rebut the statutory presumption. However, in the instant
case the accused has miserably failed to discharge the onus of
proving her defence even on the basis of preponderance of
Raj Bala vs. Baby Devi
CC No. 7111-2018 Page 13 of 14
probabilities. Accordingly, the accused Baby Devi W/o Sh.
Rajan stands convicted for offence under section 138 NI Act.