Raising of presumption of Law contained u/s 139 of N. I. Act, 1881
1 Once the cheque is issued, the presumption u/s 139 must follow.
2 When the complaint is filed, and if the court is satisfied as to the existence of conditions set out in section 138 of the N.I. Act, 1881, the presumption u/s 139 has to be raised.
3 U/s 114 of the Evidence Act, appropriate inferences and presumptions can be drawn in each case on the question of execution and issue of the cheque.
4 In Case where the Accused, despite in receipt of statutory notice, did not responded to the same, adverse inference may be drawn against Accused as to the contents of the Notice.