The standard of proof for rebutting the presumption under section 139 is that of preponderance of probabilities'. If the accused is able to raise a probable defence which creates doubts about the existence of a legally enforceable debt or liability; the prosecution can fail. In the present case, the trial court had acquitted the appellant-accused in a case related to the dishonour of a cheque under section 138 of the Negotiable Instrument
The standard of proof for rebutting the presumption under section 139 is that of preponderance of probabilities'. If the accused is able to raise a probable defence which creates doubts abou…