Section 139 of NI Act does presume existence of a legally enforceable debt or liability

Presumption mandated by section 139 of Negotiable Instruments Act, 1881 does include existence of a legally enforceable debt or liability When an accused has to rebut the presumption under section 139, the standard of proof for doing so is that of `preponderance of probabilities’; therefore, if the accused is able to raise a probable defense which creates doubts about the existence of a legally enforceable debt or liability; the prosecution can fail.  SUPREME COURT OF INDIA Rangappa Vs. Sri Mohan, Criminal Appeal No. 1020 of 2010, DECIDED ON May 7, 2010 JUDGMENT K.G. Ba...