Supreme Court · 2007 INSC 1029 · Decided 10 October 2007
K. Prakashan v. P.K. Surenderan
- Court
- Supreme Court of India
- Citation
- 2007 INSC 1029 · [2007] 10 S.C.R. 1010
- Case number
- CRIMINAL APPEAL No. 1410/2007
- Decided
- 10 October 2007
- Bench
- S.B. SINHA, H.S. BEDI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 378; Evidence Act Section 3; NI Act Section 139, 118(g), 138
Headnote
v. P.K. SURENDERAN B OCTOBER 10, 2007 [S.B. SINHA AND H.S. BEDI, JJ.) Negotiable Instruments Act, 1881--ss. 139 and 118(g)- C Presumption under-Nature of-Held: Presumptions are rebuttable­ Standard of proof on prosecution is proof of guilt beyond all reasonable doubt, and on accused is in view of the materials on records, he must be held to have discharged the same, and acquitting him-High Court holding that accused having not examined himself cannot be said to have discharged burden of proof and convicting him, not sustainable. E Code of Criminal Procedure, 1973-s.
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)