Rangappa v. Sri Mohan
Supreme Court of India(2010) 11 SCC 441The presumption under S.139 is a "reverse burden" provision. Once the prosecution proves that (a) the accused drew the cheque, (b) the cheque was presented within time, and (c) the cheque was dishonoured — the burden shifts to the accused to rebut the presumption that it was issued for a legally enforceable debt. The accused must show a preponderance of probabilities — positive evidence that the cheque was not issued for a debt. The standard is "balance of probabilities," not proof beyond reasonable doubt. Mere denial or oral assertion without documentary support is insufficient to rebut the presumption.