આરોપી એ માત્ર સ્ટેટ મેન્ટ આપવાથી ના ચાલે, પુરાવો પણ આપવો પડે. નેગો ના કેસ માં રીબટ કરવા.

The crucial question to determine applicability of Section 138 of the Act is whether the cheque represents discharge of existing enforceable debt or liability or whether it represents advance payment without there being subsisting debt or liability. While approving the views of the different High Courts noted earlier, this is the underlying principle as can be discerned from discussion of the said cases in the judgment of this Court.

17. In Rangapa V. Sri Mohan, (2010)11SCC 441: (2010)4 SCC(Civ) 477:(2011) 1 SCC (Cri) 184, this Court held that once issuance of a cheque and signature thereon are admitted, presumption of a legally enforceable debt in favour of the holder of the cheque arises. It is for the accused to rebut the said presumption, though accused need not adduce his own evidence and can rely upon the material submitted by the complainant. However, mere statement of the accused may not be sufficent to rebut the said presumption. A post-dated cheque is a well-recognized mode of payment Goaplast (P) Ltd. Vs. Chico Usula D”Souza (2003) 3 SCC 232:2003 SCC(Cri) 603.