Test of Proportionality must guide in determining if presumption under Sec.139 was rebutted

Anss Rajashekar Vs Augustus Jeba Ananth (Supreme Court)

FACTS –

Appellant issued cheque of INR 5 Lakhs, towards discharge of liability of INR 15 Lakhs, however, when complainant presented the cheque the same was returned by bank for insufficiency of funds. A notice of demand was issued by the complainant and to that the appellant denied that there was a legally enforceable debt.

Appellant submitted that he and his wife and complainant

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