NDLI: Kishan Rao Vs. Shankargouda

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1881 – s. 139 Negotiable Instruments Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Evidence Act, 1872 (1 of 1872) Negotiable Instruments Act, 1881 (26 of 1881)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Negotiable Instruments Act, 1881 – s. 139 – Presumption in favour of holder – Rebuttal of – Dishonour of cheque due to insufficiency of funds – Conviction by the trial court – High Court set aside the conviction holding that the accused was able to raise a doubt regarding existence of debt or liability of the accused – On appeal, held: High Court erred in setting aside the order of conviction in exercise of revisional jurisdiction – No sufficient ground was mentioned – There was no valid basis for the High Court to hold that the accused has been successful in creating doubt in the mind of the Court with regard to the existence of the debt or liability – Trial court as well as the appellate court found that cheque contained the signatures of the accused and it was given to the appellant to present in the Bank – Presumption u/s. 139 was rightly raised which was not rebutted by the accused – No evidence was led by the accused – Accused even did not come in the witness box to support his case – Further, the defence taken in the reply to the notice that cheque was stolen was rejected by the courts below – Thus, the judgment of the High Court set aside and that of trial court as affirmed by appellate court restored.
Judge	Hon'ble Mr. Justice Ashok Bhushan
Neutral Citation	2018 INSC 561
Petitioner	Kishan Rao
Respondent	Shankargouda
SCR	[2018] 5 S.C.R. 69
Judgement Date	2018-07-02
Case Number	803

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

Kishan Rao Vs. Shankargouda

Please Log-in to view this content

T.p. Murugan (dead) Thr. Lrs. Vs. Bojan

M/s. Kumar Exports Vs. M/s. Sharma Carpets

T. Vasanthakumar Vs. Vijayakumari

Mallavarapu Kasivisweswara Rao Vs. Thadikonda Ramulu Firm and Ors.

Oriental Bank of Commerce Vs. Prabodh Kumar Tewari

Kamala S. Vs. Vidyadharan M.j. and Anr.

Uttam Ram Vs. Devinder Singh Hudan & Anr.

Modi Cements Ltd. Vs. Shri Kuchil Kumar Nandi

Anss Rajashekar Vs. Augustus Jeba Ananth

Kishan Rao Vs. Shankargouda

Kishan Rao Vs. Shankargouda

Please Log-in to view this content

Similar Documents

T.p. Murugan (dead) Thr. Lrs. Vs. Bojan

M/s. Kumar Exports Vs. M/s. Sharma Carpets

T. Vasanthakumar Vs. Vijayakumari

Mallavarapu Kasivisweswara Rao Vs. Thadikonda Ramulu Firm and Ors.

Oriental Bank of Commerce Vs. Prabodh Kumar Tewari

Kamala S. Vs. Vidyadharan M.j. and Anr.

Uttam Ram Vs. Devinder Singh Hudan & Anr.

Modi Cements Ltd. Vs. Shri Kuchil Kumar Nandi

Anss Rajashekar Vs. Augustus Jeba Ananth

Kishan Rao Vs. Shankargouda