Renuka v. State of Maharashtra 2026 INSC 327 - S.138 NI Act - Issuance Of Process

Negotiable Instruments Act 1881 - Section 138,139- Once the basic ingredients of Section 138 of the N.I. Act are duly satisfied by the complainant, the rebuttal of statutory presumption by the drawer can only be made during the course of trial - Disputed questions as regards existence of outstanding liability are questions of fact that have to be determined at the trial on the basis of evidence. [Context: The appellant-complainant filed a complaint under Section 138 of the Negotiable Instruments Act after a ₹50 crore cheque, issued by the second respondent as a guarantor/mediator in a settlement between the appellant and her husband, was dishonoured with the remark “payment stopped by drawer.” The Sessions Court, in revision, set aside the Magistrate’s order issuing process on the ground that there was no legally enforceable debt on the date of the cheque, and the High Court under Article 227 declined to interfere. The Supreme Court held that once the basic ingredients of Section 138 are satisfied, the presumption under Section 139 applies and can be rebutted only at trial, not at the pre‑trial stage, and therefore set aside the orders of the Sessions Court and High Court and restored the complaint for adjudication on merits.]