AI that reasons like a senior advocate.

5 million legal documents. Structured answers with citations.

Example response

What are the essential ingredients of a Section 138 cheque bouncing offence and what statutory presumptions are available to the complainant?

To establish an offence under Section 138 of the Negotiable Instruments Act, 1881, the complainant must ordinarily show:

Cheque drawn by the accused on an account maintained by them.
Legally enforceable debt or liability for which the cheque was issued.
Presentation within validity of the cheque.
Dishonour by the bank for insufficiency of funds or a similar reason covered by the section.
Written demand notice within 30 days of receiving information of dishonour.
Failure to pay within 15 days of receipt of that notice.

Statutory presumptions

Section 118(a) raises a presumption as to consideration.
Section 139 raises a rebuttable presumption that the holder received the cheque towards a debt or liability.

These presumptions are rebuttable. The accused need not disprove the case beyond reasonable doubt; a probable defence can be enough to rebut them.

Coverage

5M+
Court judgments
25
High Courts
4,000+
Statutes
32K+
Tribunal orders

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