Facts/Background:

• Shiv Kumar (Appellant) issued a post-dated cheque for Rs.7.8 Crores in favour of the Respondent, which was dishonoured upon presentation before the bank.
• The Respondent issued a legal notice on 02.04.2015, which the Appellant received. In response, the Appellant denied the Respondent's claim.
• The Respondent filed a complaint with the Judicial Magistrate First Class, Bilaspur, who 18.08.2015 took cognizance of an offence under Section 138 of the Negotiable Instruments Act and registered criminal case No.4664 of 2015.
• The Appellant filed Criminal Revision No. 92 of 2016 before the District Judge, challenging the Judicial Magistrate's order, but the District Judge dismissed the revision on 18.07.2016.
• Aggrieved by this, the Appellant filed Criminal Miscellaneous Petition No.965 of 2016 before the High Court, seeking to quash the District Judge's order. The High Court dismissed the petition on 06.09.2016.
• Hence, the present appeal was filed before this court.

Main Issue:

• Whether the presumption under Section 139 of the Negotiable Instruments Act, 1881 (NI Act) could be rebutted at the stage of taking cognizance of the offence?