Case Law Details
Case Name : Rangappa Vs. Sri Mohan (Supreme Court of India)
Appeal Number : Criminal Appeal No. 1020 of 2010
Date of Judgement/Order : 07/05/2010
Related Assessment Year :
Courts :
Supreme Court of India
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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,
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