Evidence Act

A demand promissory note is evidence of a debt, not a precondition to recovering it. How Indian courts treat the note as conditional payment, why the loan survives a defective note, and how a lender proves a loan without one.

A stop-payment record predating the cheque, and a plaintiff whose pleaded cheque date differs from the date sworn in cross-examination, can rebut the Section 139 presumption. How the presumption works, how it is displaced, and why chronology and credibility matter.