Supreme Court · 2007 INSC 165 · Decided 20 February 2007
Kamala S. v. Vidyadharan M.J. and ANR.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 165 · [2007] 2 S.C.R. 852
- Case number
- CRIMINAL APPEAL No. 233/2007
- Decided
- 20 February 2007
- Bench
- S.B. SINHA, MARKANDEY KATJU (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- NI Act Section 138, 139, 142
Headnote
' Negotiable Instruments Act, 1881-Sections 138, 139 and 142- } Dishonour of cheque-Presumption in favour of holder of Negotiable c Instruments - Criminal complaint by holder of cheque that the drawer borrowed money and the cheque issued dishonoured-Drawer's case that cheque drawn not in discharge and presumption raised stood discharged-Acquittal .~ of drawer-Set aside by High Court holding that the drawer failed to discharge the purden of proof-Correctness of-Held: Drawer's case not wholi'y an D improbable one-If it was probable, the findings of trial court could not be rejected
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