PRESUMPTION UNDER SECTION 139 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881: ANALYSIS
Keywords:
139 NIA, PresumptionAbstract
Section 6 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the N.I. Act) defines the term ‘Cheque’. A bare perusal of the definition of the term ‘Cheque’ shows that cheque is a ‘Bill of Exchange’ drawn on specified banker and is an order by the drawer on his own agent, that is, bank for payment of certain sum of money to the bearer or the order to person in whose favour cheque is drawn. This order of payment by person to the holder of cheque is not made in casual or cavalier manner just for the sake of fun. This order is made for consideration and that is why Section 139 of the N.I. Act provides that the holder of a cheque is presumed to have received the cheque in discharge of whole or in part of a debt or liability.
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