Under section 139 of the Negotiable Instruments Act, 1881, it shall be presumed, unless the contrary is proved, that the holder of a cheque received the cheque:

Section 139 of the Negotiable Instruments Act, 1881 creates a statutory presumption, arising once the drawing of the cheque, its presentation and its dishonour are proved, that the holder 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. Read with the presumption under section 118(a), it shifts the initial onus on to the drawer to rebut the presumption by evidence, for example, that the cheque was issued without consideration. This presumption underpins the effectiveness of section 138 proceedings, protecting the payee who accepted a cheque in settlement of a debt; in banking practice, it is why the drawer must prove the absence of any liability. Options suggesting a gift, an exchange or failed consideration contradict the presumption.