Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Dishonour of cheque Onus to rebut |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Negotiable Instruments Act, 1881 – s.138 – Dishonour of cheque – Appellant acquitted by trial court – Acquittal reversed by High Court – On appeal, held: Respondent successfully discharged the initial burden cast on him – He established that the cheque signed by the appellant was issued in his favour towards discharge of a legally recoverable amount – Parties were known to each other – Appellant admitted about an earlier transaction where he had borrowed the amount and repaid – This indicates that the parties had entered into financial transactions earlier as well and another transaction was probable between them – Respondent discharged the burden of proving that the transaction had actually taken place – To rebut the same, the defence put forth by the appellant that the documents and cheque in the present proceedings were obtained by threatening him had already been considered in a separate proceeding and the respondent was acquitted therein – Acquittal of the appellant not justified – Impugned judgment not interfered with – Code of Criminal Procedure, 1973 – ss.2(d) r/w 200 – Penal Code, 1860 – ss.365, 342, 323, 506. Negotiable Instruments Act, 1881 – ss.118(a), 139 – Presumption under – Onus to rebut – Standard of proof – Discussed. |
Judge | Hon'ble Mr. Justice Ajjikuttira Somaiah Bopanna |
Neutral Citation | 2021 INSC 837 |
Petitioner | K.s. Ranganatha |
Respondent | Vittal Shetty |
SCR | [2021] 9 S.C.R. 652 |
Judgement Date | 2021-12-08 |
Case Number | 1860 |
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