Supreme Court of India
T. Vasanthakumar v. Vijayakumari
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the view that by itself, in absence of any other evidence, cannot be conclusive of the F fact that the cheque was issued in 1999.
Judgment, page 7
From the 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 or existence of any legally recoverable debt or liability - Accused failed to rebut such presumption - High Court wrongly put the burden of proof on the complaint - Order of conviction restored. Allowing the appeal, the Court HELD: The presumption mandated by Section 139 of Negotiable Instruments Act,
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