Shri Ganpati Jurists Legal Learning
⚖️ Supreme Court on Cheque Bounce Presumption (Section 139 NI Act)
The Supreme Court has reaffirmed that once the drawer admits signing the cheque, a presumption under Section 139 of the Negotiable Instruments Act, 1881 arises that the cheque was issued for a legally enforceable debt.
✅ Key Takeaway: The accused cannot rebut the presumption simply by questioning the complainant’s financial capacity—especially if no such objection was raised in the reply notice.
📖 Legal Insight: The burden shifts to the complainant only if the accused raises a specific defence like lack of capacity in the reply. Silence weakens the defence.
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