Supreme Court · 2023 INSC 888 · Decided 9 October 2023
Rajesh Jain v. Ajay Singh
- Court
- Supreme Court of India
- Citation
- 2023 INSC 888 · [2023] 13 S.C.R. 788
- Case number
- CRIMINAL APPEAL No. 3126/2023
- Decided
- 9 October 2023
- Bench
- ARAVIND KUMAR, SARASA VENKATANARAYANA BHATTI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- Evidence Act; NI Act Section 139, 138
Headnote
HEADNOTES Issue for consideration: Since the execution of the cheque is, admittedly, not under dispute, the limited question to be considered, is (i) whether the accused can be said to have discharged his 'evidential burden', for the courts below to have concluded that the presumption Negotiable Instruments Act, 1881 had been rebutted. Negotiable Instruments Act, 1881 - s.139 - Respondent-accused tried for off ence u/s. 138 of NI Act - Trial Court acquitted respondent - Order of acquittal upheld by the High Court - Propriety: Held: There is a
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