Supreme Court · 2010 INSC 289 · Decided 7 May 2010
Rangappa v. Sri Mohan
- Court
- Supreme Court of India
- Citation
- 2010 INSC 289 · [2010] 6 S.C.R. 507
- Case number
- CRIMINAL APPEAL No. 1020/2010
- Decided
- 7 May 2010
- Bench
- K.G. BALAKRISHNAN, P. SATHASIVAM, J.M. PANCHAL (3-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- NI Act Section 139, 138
Headnote
. Negotiable Instruments Act, 1881: ss. 139 and 138 - Presumption in favour of holder - Manner of rebuttal of statutory presumption - Held: A B c Presumption mandated bys. 139 includes existence of legally enforc_eable debt or liability - It is in nature of rebuttable presumption - Accused can of legally enforceable debt or liability can be contested - However, initial presumption favours the complainant - Reverse onus clause is included and the same is guided by the test of proportionality - Accused cannot be expected to discharge an unduly high standard of proof - E Standard of
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