If Signature On Cheque Is Admitted, Presumption Under Section 139 Will Be Raised : Supreme Court
The Supreme Court has observed that if the signature on the cheque is admitted, then presumption under Section 139 of the Negotiable Instruments Act that the cheque was issued in discharge of a legally enforceable debt will be raised. Upon such presumption being raised, it is incumbent upon the accused to rebut the same.
“..it is clear that signature on the cheque having been admitted, a presumption shall be raised under Section 139 that the cheque was issued in discharge of debt or liability”, a bench comprising Chief Justice of India NV Ramana, Justices Surya Kant and AS Bopanna observed
