Presumption under Section 139 NI Act cannot be rebutted unless cogent evidence is led by accused: Supreme Court

The Bench was of the view that the standard proof for rebutting the presumption under Section 139 of the NI Act is that of preponderance of probabilities.
Justice BR Gavai, Justice MM Sundresh and Supreme Court
Justice BR Gavai, Justice MM Sundresh and Supreme Court

The Supreme Court recently held that unless cogent evidence is led by the accused in defense of his case, the presumption under Section 139 of the Negotiable Instruments Act of 1881 (NI Act) cannot be rebutted [Rajaram s/o Sriramulu Naidu (since deceased) through LRs v. Maruthachalam (since deceased) through LRs].

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