Supreme Court of India

Rangappa v. Sri Mohan

Neutral citation
Reported as [2010] 6 S.C.R. 507
Bench K.G. Balakrishnan, P. Sathasivam and J.M. Panchal JJ.
Decided 7 May 2010

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

19 Supreme Court benches have cited this judgment.

What the Court ordered

We find no reason to interfere with the final order of the High Court, dated 26-10-2005, which recorded a finding of conviction against the appellant.

Judgment, page 21

From the headnote

Negotiable Instruments Act, 1881: ss. 139 and 138 - Presumption in favour of holder - Manner of rebuttal of statutory presumption - Held: c Presumption mandated bys. 139 includes existence of legally enforc_eable debt or liability - It is in nature of rebuttable presumption - Accused can raise a defence wherein existence 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

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