32. As has been stated in the preceding paragraphs since
there is a presumption to be drawn of there being a debt or
liability in part or in whole of the drawer to the holder of the
instrument, the court below cannot be said to have faulted
upon in taking cognizance and in registering the offence.
Since it is a rebuttal presumption and all the contentions and
averments made by the counsel for the petitioner being his
defence, it would be open for him to raise all these grounds at
the stage of leading evidence including the defence of
(2020) 12 SCC 500
existence of legally enforceable debt or liability. However,
there can be no doubt that at the time of filing of complaint
there was always initial presumption which would be in
favour of the complainant.”
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