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KISHAN RAO vs. SHANKARGOUDA

SCR Citation: [2018] 5 S.C.R. 69
Year/Volume: 2018/ Volume 5
Date of Judgment: 02 July 2018
Petitioner: KISHAN RAO
Disposal Nature: Appeal Allowed
Neutral Citation: 2018 INSC 561
Judgment Delivered by: Hon'ble Mr. Justice Ashok Bhushan
Respondent: SHANKARGOUDA
Case Type: CRIMINAL APPEAL/803/2018
Order/Judgment: Judgment
1. Headnote

Negotiable Instruments Act, 1881 – s. 139 – Presumption in favour of holder – Rebuttal of – Dishonour of cheque due to insufficiency of funds – Conviction by the trial court – High Court set aside the conviction holding that the accused was able to raise a doubt regarding existence of debt or liability of the accused – On appeal, held: High Court erred in setting aside the order of conviction in exercise of revisional jurisdiction – No sufficient ground was mentioned – There was no valid basis for the High Court to hold that the accused has been successful in creating doubt in the mind of the Court with regard to the existence of the debt or liability – Trial court as well as the appellate court found that cheque contained the signatures of the accused and it was given to the appellant to present in the Bank – Presumption u/s. 139 was rightly raised which was not rebutted by the accused – No evidence was led by the accused – Accused even did not come in the witness box to support his case – Further, the defence taken in the reply to the notice that cheque was stolen was rejected by the courts below – Thus, the judgment of the High Court set aside and that of trial court as affirmed by appellate court restored.

2. Case referred
3. Act
  • NEGOTIABLE INSTRUMENTS ACT, 1881 (26 of 1881)
  • Indian Evidence Act, 1872 (1 of 1872)
4. Keyword
  • Negotiable Instruments Act
  • 1881 – s. 139
5. Equivalent citation
    Citation(s) 2018 AIR 3173 = 2018 (8) SCC 165 = 2018 (8) Suppl. SCC 165 = 2018 (6) JT 447 = 2018 (6) Suppl. JT 447 = 2018 (8) SCALE 341