Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1881 Negotiable Instruments Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Negotiable Instruments Act, 1881 - ss. 139 and 118(g) - Presumption under - Nature of - Held: Presumptions are rebuttable - Standard of proof on prosecution is proof of guilt beyond all reasonable doubt, and on accused is mere preponderance of probability - Its not necessary for accused to step into the witness box to discharge burden of proof - On facts, trial court holding that though burden of proof was on accused, in view of the materials on records, he must be held to have discharged the same, and acquitting him - High Court holding that accused having not examined himself cannot be said to have discharged burden of proof and convicting him, not sustainable.Code of Criminal Procedure, 1973 - s. 378 - Appeal against acquittal - Power of appellate court - Held: Where two views are possible, appellate court should not interfere with finding of acquittal recorded by court below.Respondent advanced a certain sum to the appellant on different dates. Appellant issued a cheque for the said amount and the cheque was dishonoured. Respondent filed complaint petition against the appellant under section 138 of the Negotiable Instruments Act, 1881. It was appellant's case that his cheque book was stolen. Trial court considered the materials brought on record and held that although the burden of proof was on the appellant, in view of the materials brought on records, he must be held to have discharged the same, and acquitted the appellant. High Court convicted the appellant holding that the appellant having not examined himself cannot be said to have discharged the burden of proof cast on him in terms of section 139 of the Act. Hence the present appeal. Appellant-accused contended that the High Court erred in setting aside the acquittal of appellant since for discharging the burden of proof it was not necessary for the appellant to examine himself; and that the materials brought on record were found to be sufficient for shifting the burden of proof upon the complainant as the accused had discharged his primary onus. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1029 |
Petitioner | K. Prakashan |
Respondent | P.k. Surenderan |
SCR | [2007] 10 S.C.R. 1010 |
Judgement Date | 2007-10-10 |
Case Number | 1410 |
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