NDLI: M/s. Kalamani Tex & Anr Vs. P. Balasubramanian

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1881 Negotiable Instruments Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Negotiable Instruments Act, 1881: ss. 118 and 139 – Presumption as to negotiable instruments – Presumption in favour of holder – Held: Once the signature of an accused on the cheque/ negotiable instrument are established, then the ‘reverse onus’ clauses become operative – In such a situation, the obligation shifts upon the accused to discharge the presumption imposed upon him – Presumptions raised u/ss. 118, 139 are rebuttable in nature – A probable defence needs to be raised, which must meet the standard of “preponderance of probability”, and not mere possibility – On facts, trial court overlooked the provisions and failed to appreciate the statutory presumption drawn u/ss. 118 and 139, and dismissed the complaint u/s. 138 of the NI Act – Once the appellant-accused admitted his signatures on the cheque and the Deed, the trial court ought to have presumed that the cheque was issued as consideration for a legally enforceable debt – Trial court erred in calling upon the complainant to explain the circumstances under which the appellants were liable to pay – Since it is admitted that there has been business relationship between the parties, the defence raised by the appellants does not meet the standard of ‘preponderance of probability’ – Thus, the High Court right in discarding the appellants’ defence and upholding the onus imposed upon them in terms of ss. 118 and 139 – High Court justified in setting aside the findings of the trial court in exercise of its power u/s. 378 CrPC. Compensation: Claim of, in cases pertaining to dishonor of cheque – On facts, the respondent neither sought for compensation before the High Court nor did he challenged the High Court’s judgment – Held: Since the respondent has accepted the High Court’s verdict, his claim for compensation stands impliedly overturned.Sentence/sentencing: Reduction/modification of sentence – Commission of offence u/s. 138 of the NI Act – In appeal before the Supreme Court, appellants-accused deposited the cheque amount with the Registry of this Court – In view of dismissal of appeal, appellant No.2 liable to undergo the sentence of simple imprisonment as awarded by the High Court – However, since the appellant no 2 volunteered and thereafter deposited the cheque amount with the Registry of this Court, a lenient view is taken – Appellant No.2 not required to undergo the awarded sentence – Negotiable Instruments Act, 1881.
Judge	Hon'ble Mr. Justice Surya Kant
Neutral Citation	2021 INSC 72
Petitioner	M/s. Kalamani Tex & Anr
Respondent	P. Balasubramanian
SCR	[2021] 1 S.C.R. 668
Judgement Date	2021-02-10
Case Number	123

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

M/s. Kalamani Tex & Anr Vs. P. Balasubramanian

Please Log-in to view this content

M/s. Kalamani Tex & Anr Vs. P. Balasubramanian M.a. No. 364 of 2021 in

V. Raja Kumari Vs. P. Subharama Naidu and Anr

Sumeti Vij Vs. M/s Paramount Tech Fab Industries

Mis. Rahul Builders Vs. M/s. Arihant Fertilizers and Chemical and Anr.

P. Venugopal Vs. Madan P. Sarathi

M/s. M.m.t.c. Ltd. and Anr. Vs. M/s. Medchl Chemicals and Pharma (p) Ltd. and Anr.

Paresh P. Rajda Vs. State of Maharashtra & Anr.

M/s V.g. Saraf and Sons Vs. H. Ranjith and Anr.

M/s. Prem Chand Vijay Kumar Vs. Yash Pal Singh and Anr.

M/s. Kalamani Tex & Anr Vs. P. Balasubramanian

M/s. Kalamani Tex & Anr Vs. P. Balasubramanian

Please Log-in to view this content

Similar Documents

M/s. Kalamani Tex & Anr Vs. P. Balasubramanian M.a. No. 364 of 2021 in

V. Raja Kumari Vs. P. Subharama Naidu and Anr

Sumeti Vij Vs. M/s Paramount Tech Fab Industries

Mis. Rahul Builders Vs. M/s. Arihant Fertilizers and Chemical and Anr.

P. Venugopal Vs. Madan P. Sarathi

M/s. M.m.t.c. Ltd. and Anr. Vs. M/s. Medchl Chemicals and Pharma (p) Ltd. and Anr.

Paresh P. Rajda Vs. State of Maharashtra & Anr.

M/s V.g. Saraf and Sons Vs. H. Ranjith and Anr.

M/s. Prem Chand Vijay Kumar Vs. Yash Pal Singh and Anr.

M/s. Kalamani Tex & Anr Vs. P. Balasubramanian