Topic

Statutory presumption under Section 139 NI Act

1 articleLatest June 2026
Section 138 NI Act | Handwriting Expert Analysis Permissible to Challenge Statutory Presumption of Authorship : Kerala HC
Case Law Analysis
|Kerala High Court

Section 138 NI Act | Handwriting Expert Analysis Permissible to Challenge Statutory Presumption of Authorship : Kerala HC

The Kerala High Court has ruled that accused persons in cheque bounce cases under Section 138 of the NI Act may seek handwriting expert analysis to rebut the statutory presumption that they authored the cheque. This clarifies that the presumption is rebuttable and affirms the right to a fair trial by allowing forensic evidence to test the complainant’s allegations, directly impacting defense strategy in financial dispute prosecutions.