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The presumption under Section 139 is a rebuttable presumption and the onus is on the accused to raise the probable defence. The standard of proof for rebutting the presumption is that of preponderance of probabilities.In Basalingappa vs Mudibasappa
Supreme Court has laid down the principles for rebuttal of presumptions in cheque bounce cases and opined that raising of probable defence by the accused is sufficient.The Supreme Court has observed that a complainant in a cheque bounce case is bound to explain his financial capacity, when the same is questioned by the accused, by leading evidence to that effect.
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