Legal presumption u/s 118 and 139 of NI Act – Time barred debt – Once a cheque is issued and upon getting dishonoured a statutory notice is issued, it is for the accused to dislodge the legal presumption available u/s 118 and 139 reply of the N.I. Act -- Whether the cheque in question had been issued for a time barred debt or not, itself prima facie, is a matter of evidence and could not have been adjudicated in an application filed by the accused u/s Section 482 of the CrPC.
(SC) Decided on: 10.10.2022