Lawstreet Journal

Unless And Until Strong Evidence Is Produced, Presumption u/s 139 NI Act Can Not Be Rebutted: Supreme Court

Lawstreet Journal 27 Feb 2020 2:32am

Image courtesy: Lawstreet Journal Judiciary Unless And Until Strong Evidence Is Produced, Presumption u/s 139 NI Act Can Not Be Rebutted: Supreme Court

While delivering one peculiar judgement on February 19, 2020, the honourable Supreme Court observed that the rebuttal of presumption available under Section 139 of Negotiable Instruments Act, 1881can only be done after producing strong evidence.

This came into light in the case of Shiv Kumar Alias Jawahar Saraf v. Ramavtar Agarwal.

After hearing the arguments in full length by the counsels of the both sides, the bench comprising of Justice K.M. Joseph and Justice Ashok Bhushan resonated with the view of the High Court that the rebuttal of presumptions cannot be taken at the stage of the court taking cognizance of the offence.

During the proceedings, the counsel of the accused, contested that the evidences didn’t provide enough audacity to legally enforce the debt and hence there was no case of taking the responsibility of the offence or noting the complaint. Although, the HC refused to deny the complaint, and observed that the court would have to look into the prima facie of the case made and see if the provisions are reached as laid down under Section 138 of the NI Act.

The court remarked: “The presumption available under Section 139 of NI Act has to be rebutted and that rebuttal can only be done after adducing evidence. This, by itself clearly reflects that the rebuttal presumption cannot be looked into at the stage of the Court taking cognizance of the offence and registering the case all that Court would have to see is whether there is a prima facie case made out meeting… Continue Reading...

Tagged: Negotiable Instruments Act  
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