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Section 139 - Presumption in favour of holder, Section 140 - Defence which may not be allowed in any prosecution under section 138 : Negotiable Instruments Act 1881

What is Presumption in favour of holder? What is Defence which may not be allowed in any prosecution under section 138? Presumption in favour of holder and Defence which may not be allowed in any prosecution under section 138 are defined under Section 139 and 140 of Negotiable Instruments Act 1881

 

 

Section 139 of Negotiable Instruments Act 1881: "Presumption in favour of holder"

It shall be presumed, unless the contrary is proved, that the holder of a cheque received the cheque of the nature referred to in section 138 for the discharge, in whole or in part, of any debt or other liability.

 

Section 140 of Negotiable Instruments Act 1881: "Defence which may not be allowed in any prosecution under section 138"

It shall not be a defence in a prosecution for an offence under section 138 that the drawer had no reason to believe when he issued the cheque that the cheque may be dishonoured on presentment for the reasons stated in that section.

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