It cannot be probable defence that complainant has no capacity to pay the money until and unless an initial defence is set up by a reply notice

Negotiable Instruments Act, 1881, Ss.138, 139 - Dishonour of cheque - Presumption - Can only be rebutted when there is probable defence - It cannot be probable defence that complainant has no capacity to pay the money until and unless an initial defence is set up by a reply notice or accused examines his witnesses and relies upon documentary evidence. (2022(4) Criminal Court Cases 712)