Ni act s 138

Querist : Anonymous (Querist) 21 October 2011 This query is : Resolved
hand loan of Rs 1.5 lacs given to a friend without any receipt/document executed.after 1 yr he gave post dated cheque which got bounced.
is the presumption of 139 is rebuttable on plea/ground that huge loan given in cash without any receipt/document is not trustworthy.so no debt or liability proved.

Follow Query

Report Abuse

Devajyoti Barman (Expert) 21 October 2011
The presumption tjat the cheque was drawn to discharge a debt is always rebuttable.

But the question is not whether it is trustworthy or not, rather it is the subject of proof. If proved then it is anybody's case.

prabhakar singh (Expert) 21 October 2011
Yes!rightly said any presumption raised bylaw in favor of one party is always rebuttable by the other party.

All depends how much reliable evidence is brought before the court and by which party.

ajay sethi (Expert) 21 October 2011
agree with experts mr barman /mr prabhkar singh

Biswanath Roy (Expert) 21 October 2011
It is a foolish query. One must know that the payment made is to be proved first and thereafter it is to be proved that the bounced cheque is for repayment of loan.