Standard of proof for rebutting presumption is that of preponderance of probabilities in Negotiable Instruments Act

R. Tamilarasa Vs T.P. Rameshkumar (Madras High Court) Standard of proof for rebutting the presumption is that of preponderance of probabilities in Negotiable Instruments Act Conclusion: The Hon’ble Madras High Court held that it is settled law that in the case under Section 138 of NI Act, Section 139 of NI Act provides that the Court shall presume that the holder of a cheque received the cheque of the nature referred into Section 138 of NI Act, for the discharge, in whole or in part or any debt or other liability. This presumption, however, is expressly made subject to the position being pro...