Negotiable Instruments Act, 1881; Sections 138, 139 – Theory of \’Probable Defence\’

The accused is not expected to discharge an unduly high standard of proof – All which the accused needs to establish is a probable defence. As to whether a probable defence has been established is a matter to be decided on the facts of each case on the conspectus of evidence and circumstances that exist – It becomes the duty of the Courts to consider carefully and appreciate the totality of the evidence and then come to a conclusion whether in the given case, the accused has shown that the case of the complainant is in peril for the reason that the accused has established a probable defence. (Para 7, 9)

Judgment: Tedhi Singh v. Narayan Das Mahant, (2022) 6 SCC 735