Account closed none of both will be applicable as rule.=complainant need not be over confident , it will be next to impossible to win any NI 138 case if contested aggressively by accused from day one since the case has to be proved beyond doubt at many points that is a) there was legal liability b) cheque was actually given by the accused from his account c)cheque was presented during stipulated time to the bank d) cheque was actually returned due to insufficient funds e) legal notice was given f) such legal notice was received g) thereafter proper pleadings are made and documents attached at first instance while filing the case.
Even if the presumptions are there in NI ACT the accused has legal right to rebut them which is more simple , sure and easy., and complainant make mistakes on one or more points/ steps., in over