Supreme Court · 2019 INSC 149 · Decided 6 February 2019

Bir Singh v. Mukesh Kumar

Court
Supreme Court of India
Citation
2019 INSC 149 · [2019] 2 S.C.R. 24
Case number
CRIMINAL APPEAL No. 230/2019
Decided
6 February 2019
Bench
R. BANUMATHI, INDIRA BANERJEE (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
CrPC Section 482; Constitution Article 136, 141, 142; NI Act Section 138, 139

Headnote

Negotiable Instruments Act, 1881: s.138 and 139 - Dishonour of cheque for insufficient funds - Conviction by trial Court as well as appellate court - In Revision, High Court reversing the concurrent factual finding of courts below and acquitting the burden was on the complainant to prove that blank cheque was given to him towards repayment of the loan which he had advanced to the accused - On appeal, Supreme Court held: Section 139 introduces an exception to the general rule as to the burden of proof and shifts the onus on the

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