Supreme Court · 2008 INSC 1437 · Decided 16 December 2008
M/S. Kumar Exports v. M/S. Sharma Carpets
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1437 · [2008] 17 S.C.R. 572
- Case number
- CRIMINAL APPEAL No. 2045/2008
- Decided
- 16 December 2008
- Bench
- R.V. RAVEENDRAN, J.M. PANCHAL (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 386; Evidence Act Section 3, 4, 114; NI Act Section 138, 118
Headnote
Negotiable Instruments Act, 1881: ,..t. ss. 118 and 139 - Special rules of evidence relating to c presumptions, when negotiable instrument is the subject matter - Presumptions under ss. 118 and 139 - Scope and ambit of - Explained and elucidated - Evidence Act, 1872 - ss.3,4 and 114. , s. 138 - of respondent D (complainant) that it sold carpets to appellant and in discharge of said liability, appellant issued cheques, which were dishonoured - Defence of appellant that it agreed to purchase + carpets from respondent and issued cheques by way of advance but respondent did not supply the
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