In order to rebut the presumption under sections 138 & 118 of N.I. Act, the accused-
The accused may rebut the consideration and cheque-liability presumptions on a preponderance of probabilities. Rangappa permits reliance on the complainant’s material, so…
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In order to rebut the presumption under sections 138 & 118 of N.I. Act, the accused-
Answer and explanation
Correct answer D
The accused may rebut the consideration and cheque-liability presumptions on a preponderance of probabilities. Rangappa permits reliance on the complainant’s material, so independent defence evidence or direct evidence is not invariably necessary. Proof beyond reasonable doubt is not the accused’s rebuttal standard. Technically section 118 provides presumptions including consideration, section 139 supplies the cheque-holder presumption, and section 138 defines the dishonour offence.
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