Supreme Court · 2015 INSC 364 · Decided 28 April 2015
T. Vasanthakumar v. Vijayakumari
- Court
- Supreme Court of India
- Citation
- 2015 INSC 364 · [2015] 5 S.C.R. 342
- Case number
- CRIMINAL APPEAL No. 728/2015
- Decided
- 28 April 2015
- Bench
- JASTI CHELAMESWAR, PINAKI CHANDRA GHOSE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- NI Act Section 138, 139
Headnote
Negotiable Instruments Act, 1881 - ss. 138 and 139- Complaint uls 138 - Conviction by trial and appellate court - In revision, the High Court acquitted the accused - On o appeal, held: In the present case, presumption u/s 139 would operate and the burden was on the accused to disprove the cheque debt or liability - Accused failed to rebut such presumption - High Court wrongly put the burden of proof on the complaint - Order of E conviction restored. Allowing the appeal, the Court HELD: The presumption mandated by Section F 139 of Negotiable Instruments Act, 1881 is in the nature of a
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