What is the presumption under section 139 of the Negotiable Instruments Act, 1881?
Section 139 presumes that the holder received the cheque for discharge, wholly or partly, of a debt or other liability. Rangappa holds that this includes a legally…
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What is the presumption under section 139 of the Negotiable Instruments Act, 1881?
Answer and explanation
Correct answer B
Section 139 presumes that the holder received the cheque for discharge, wholly or partly, of a debt or other liability. Rangappa holds that this includes a legally enforceable debt or liability. The presumption is rebuttable, ordinarily on a preponderance of probabilities, once the foundational execution facts are established. It is not a separate guarantee of sufficient bank funds or automatic proof that a disputed signature is genuine.
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