Supreme Court · 2008 INSC 44 · Decided 11 January 2008
Krishna Janardhan Bhat v. Dattatraya G. Hegde
- Court
- Supreme Court of India
- Citation
- 2008 INSC 44 · [2008] 1 S.C.R. 605
- Case number
- CRIMINAL APPEAL No. 518/2006
- Decided
- 11 January 2008
- Bench
- S.B. SINHA, H.S. BEDI (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 313; NI Act Section 13(1), 118, 139; Income Tax Act Section 269
Headnote
605 ,. ...(, KRISHNA JANARDHAN BHAT A v. DATTATRAYAG. HEGDE (Crl. A. No. 518 of 2006) JANUARY 11, 2008 B f (S.B. SINHA AND H.S. BEDI, JJ.) ' -f ' Negotiable Instruments Act, 1881; Ss. 13(1), 118 (a}, 138 and 139: Dishonour of Cheque - Commission of an offence ul c s.138 - Presumption under S.139 could not be extended to existence of a debt - Courts below erred in D ~ proceeding on the basis that the accused required to step into the witness box to prove his defence - Burden could be ... discharged on the basis of material on record - In a case where false implication cannot be ruled out,
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