Case Law Analysis
|Supreme Court of India
Section 139 NI Act | Statutory Presumption Cannot Be Rebutted at Pre-Trial Stage: SC Restores Cheque Dishonour Complaint for Trial
Supreme Court rules that the statutory presumption of liability under Section 139 of the Negotiable Instruments Act cannot be rebutted during the pre-trial stage. The drawer must present evidence to rebut the presumption only during trial, ensuring complaints under Section 138 proceed to merit-based adjudication.