VINOD S. BHARDWAJ, J. (Oral)

1. The question which arises for consideration in the instant appeal is as to whether the presumption under Section 139 of the Negotiable Instruments Act, 1881, is an absolute presumption and would operate even if the complainant fails to establish existence of a pre-existing liability and legally enforceable debt prior to the issuance of a cheque in question and whether such a presumption should be read absolutely against an accused solely for the reason that the signature on the dishonoured instrument is not denied.

2. The instant appeal raises a challenge to the judgment dated 19.07.2018 passed by the Additional Chief Judicial Magistrate, Hoshiarpur, whereby the respondent has been acquitted in Complaint RBT No.77/16.05.2013 titled Mangat Ram Vs. Pardeep Kumar instituted under Section 138 of the Negotiable Instrument Act. Before examining the merits of the controversy, it is essential to understand the scope of presumption under Section 139 of the Negotiable Instrument Act and the interpretation thereof as done by the Hon'ble Supreme Court through various judicial pronouncements.

LEGAL POSITION AS REGARDS PRESUMPTION U/S 139 NEGOTIABLE INSTRUMENT ACT