Blank cheque leaf would attract presumption under Section 139 of the Negotiable Instruments Act, 1881

The Hon’ble Supreme Court held that even a blank cheque leaf, voluntarily signed and handed over by the Accused, which is towards some payment, would attract presumption under Section 139 of the Negotiable Instruments Act, in the absence of any cogent evidence to show that the cheque was not issued in discharge of a debt, reiterating its view in its view taken in case of Bir Singh v. Mukesh Kumar. The Court held that there has been an admitted business relationship between the parties, the defence raised by the Appellants does not inspire confidence or meet the standard of ‘preponderance of probability’. In the absence of any other relevant material, it appears that the High Court did not err in discarding the Appellants’ defence and upholding the onus imposed upon them in terms of Section 118 and Section 139 of the NIA.