Once Presumption U/s 139 is drawn, Complainant need not prove source of fund till accused discharges his burden

Rohitbhai Jivanlal Patel Vs State of Gujarat & Anr. (Supreme Court of India) Conclusion:- SC held that once the court has drawn presumption of existence of legally enforceable debt as per Section 139 of the NI Act, factors like source of funds are not relevant if the accused has not been able to rebut the presumption. Facts: The matter relates to dishonor of 7 cheque of INR 3 Lakhs each drawn by the accused in favour of the complainant. HC found accused guilty u/s 138 and awarded him punishment of simple imprisonment for 1 year along with the fine. Accused demanded INR 22,50,000 as loan fr...