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

Search related judgments

Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)