Supreme Court · 2007 INSC 1065 · Decided 12 October 2007
John K. John v. Tom Varghese and ANR.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 1065 · [2007] 11 S.C.R. 287
- Case number
- CRIMINAL APPEAL No. 1433/2007
- Decided
- 12 October 2007
- Bench
- S.B. SINHA, H.S. BEDI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- Constitution Article 136; NI Act Section 138, 139
Headnote
Negotiable Instruments Act; Ss. I 38 and I 39/Constitution of India, 1950; Article 136: A B Dishonour of cheques-Cheques allegedly issued by respondent C in discharge of existing debt-Notice-No payment made by respondent-Complaints-Trial Court found that respondent committed an offence punishable by Single Judge of the High Court acquitting respondent-On appeal, Held: D Presumption raised in terms of Section 139 of the Act rebuttable-ln the instant case, a finding of fact has been arrived at by the High Court that cheques in question has not been issued by the respondent in
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