In a prosecution under s.138 of the Negotiable Instruments Act 1881, the court shall presume, unless the contrary is proved, that:

Section 139 of the Negotiable Instruments Act 1881 provides that it shall be presumed, unless the contrary is proved, that the holder of a cheque received it for the discharge, in whole or in part, of any debt or other liability. The presumption is rebuttable, and the burden lies on the accused drawer to prove by a preponderance of probabilities that the cheque was not issued towards any existing liability. It works alongside the presumption in s.118(a) that every instrument was made or drawn for consideration. The court does not presume that funds were lacking, that the cheque was forged, or that notice was not served; those are matters for the accused to establish. The statutory presumption under s.139 relates to receipt of the cheque for the discharge of a debt or liability.