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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