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1 - 5 of 5 (0.19 seconds)Section 139 in The Negotiable Instruments Act, 1881 [Entire Act]
Vijay vs Laxman & Anr on 7 February, 2013
The Hon'ble Apex Court in the case of Vijay vs.
Laxman (supra) was pleased to observe that the
standard of proof required for rebutting the presumption
under Sections 118 and 139 of the N.I.Act is not as high
RFA.No.698/2012
22
as that required of the prosecution and is rebuttable on
the preponderance of probabilities. So long as the
accused can make his version reasonably probable, the
burden of rebutting the presumption would stand
discharged. Whether or not it is so in a given case
depends upon the facts and circumstances of that case.
The Courts can take into consideration the
circumstances appearing in the evidence to determine
whether the presumption should be held to be
sufficiently rebutted.
Section 138 in The Negotiable Instruments Act, 1881 [Entire Act]
The Code of Civil Procedure, 1908
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