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The onus is on the accused to prove that the cheque admitted in the case was not in discharge of a debt or liability by adducing evidence. A meaningful reading of the provisions of the Negotiable Instruments Act clarifies that a person who signs a cheque and makes it over to the payee or the drawee remains liable unless attaches any evidence to rebut the presumption and raises a probability that the cheque had not been issued for payment of a debt or in discharge of a liability. It becomes immaterial that the cheque may have been filled in by a third party other than the drawer, if the cheque is appropriately signed by the drawer.
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