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.

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