#NI Act presumption

The Madhya Pradesh High Court held that an accused must be allowed to produce bank statements under CrPC 91 and recall the complainant under CrPC 311 to challenge the statutory presumption of debt under Section 138 of the NI Act. This ensures procedural fairness and prevents mechanical application of presumptions that undermine the right to a full defense.

Punjab & Haryana HC rules that cheques issued for a single loan transaction by different drawers (including a spouse) can each trigger independent Section 138 NI Act complaints. The court rejects the defence of 'security cheques' without evidence, holding the spouse who issued the cheque personally liable for dishonour, regardless of the primary debtor’s status.