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 and his wife had purchased adjacent house site. Complainant was alleged to have persuaded the appellant to execute a power of attorney in his favour for the pu...