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13. However, the High Court, in its jurisdiction Under Section
482, proceeded to test whether the cheque was issued for the
discharge, in whole or in part, of any debt or other liability. In
our view, such an exercise was unwarranted because, Under
Section 139 of the N.I. Act, there is a presumption 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. This presumption can be rebutted by evidence
led in trial. A fortiori, the said issue can appropriately be
decided either at the trial, or later, upon conclusion of trial, by
the appellate/ revisional court.
14. In Maruti Udyog Ltd. v. Narender and Ors.
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