Supreme Court · 2021 INSC 72 · Decided 10 February 2021
M/S. Kalamani Tex & Anr v. P. Balasubramanian
- Court
- Supreme Court of India
- Citation
- 2021 INSC 72 · [2021] 1 S.C.R. 668
- Case number
- CRIMINAL APPEAL No. 123/2021
- Decided
- 10 February 2021
- Bench
- N.V. RAMANA, SURYA KANT, ANIRUDDHA BOSE (3-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 378; NI Act Section 118, 139, 138
Headnote
Negotiable Instruments Act, 1881: ss. 118 and 139 - Presumption as to negotiable instruments - Presumption in favour of holder - Held: Once the signature of an accused on the cheque/ negotiable instrument are established, then clauses become operative - In such a situation, the obligation shifts upon the accused to discharge the presumption imposed upon him - Presumptions raised u/ss. 118, 139 are rebuttable in nature - A probable defence needs to be raised, which must meet the standard of
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