Supreme Court · 2013 INSC 803 · Decided 5 December 2013
John K. Abraham v. Simon C. Abraham & Another
- Court
- Supreme Court of India
- Citation
- 2013 INSC 803 · [2013] 12 S.C.R. 753
- Case number
- CRIMINAL APPEAL No. 2043/2013
- Decided
- 5 December 2013
- Bench
- S.S. NIJJAR, F.M. IBRAHIM KALIFULLA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 313, 255(1), 357(1); NI Act Section 138
Headnote
Negotiable Instruments Act, 1881 - s.138 - Dishonour A B of cheque - Trial acquitted accused-appellant - Reversal of C acquittal by High Court - Justification - Held: Not justified - In order to draw presumption u/s. 118 rlw s. 139, the burden was heavily upon the respondent-complainant he had the required funds for having advanced money to the appellant; that issuance of cheque in support of the payment D advanced was true and that the appellant was bound to make the payment as had been agreed while issuing the cheque in favour of the respondent - Respondent, however, was
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