Presumption that cheque was drawn for discharge of liability of drawer - Is presumption of law - Ought tobe raised by Court in every case - Rebuttal evidence - Nature - Mere plausible explanation is not sufficient - Proof of explanation is necessary.

Citation

AIR 2001 SUPREME COURT 3897

SUPREME COURT

B. N. KIRPAL , J. and MRS . RUMA PAL , J. and BRIJESH KUMAR , J.

Criminal Appeal No. 688 of 1995*, D/- 11 - 7 - 2001

Hiten P. Dalal Appellant v. Bratindranath Banerjee Respondent.

(B)Negotiable Instruments Act (26 of 1881), S.139, S.138 - Dishonour of cheque - Presumption

that cheque was drawn for discharge of liability of drawer - Is presumption of law - Ought to

be raised by Court in every case - Rebuttal evidence - Nature - Mere plausible explanation is

not sufficient - Proof of explanation is necessary. Evidence Act (1 of 1872), S.114, S.101, S.102,

S.103, S.104