Supreme Court · 2022 INSC 272 · Decided 7 March 2022
Tedhi Singh v. Narayan Dass Mahant
- Court
- Supreme Court of India
- Citation
- 2022 INSC 272 · [2022] 4 S.C.R. 442
- Case number
- CRIMINAL APPEAL No. 362/2022
- Decided
- 7 March 2022
- Bench
- K.M. JOSEPH, HRISHIKESH ROY (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 313; Constitution Article 136; NI Act Section 139, 138
Headnote
Negotiable Instrument Act, 1881: s.139 - Presumption in favour of holder - Respondent filed complaint stating that appellant was his friend and as he was in urgent need of money, he gave a sum of Rs.7 lakhs - However, cheque given by the appellant was dishonored u/s.138 - Held: s.139 of the N.I. Act provides that Court shall presume that the holder of a cheque received the cheque of the nature referred to in s.138 for the discharge, in whole or in part, of any debt or other liability - However, it is open to the accused to establish that
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