Supreme Court of India

Kishan Rao v. Shankargouda

Neutral citation

Reported as [2018] 5 S.C.R. 69

Bench A. K. Sikri and Ashok Bhushan JJ.

Decided 2 July 2018

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.

5 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the aforesaid discussion, we are of the view t hat the High Court committed error in setting aside the order of conviction in exercise of revisional jurisdiction.

Judgment, page 12

From the headnote

Negotiable Instruments Act, 1881 – s. 139 – Presumption in favour of holder – Rebuttal of – Dishonour of chequ e due to insufficiency of funds – Conviction by the trial court – igh Court set aside the conviction holding that the accused was able to raise a doubt regarding existence of debt or liability of the accus ed – 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

Authorities it was built on

2010 Rangappa v. Sri Mohan cited by 19
2008 M/s. Kumar Exports v. M/s. Sharma Carpets cited by 11
1999 State of Kerala v. Puttumana Illath Jathavedan Namboodiri Etc. cited by 3
2015 Sanjaysinh Ramrao Chavan v. Dattatray Gulabrao Phalke and Others cited by 2

Where later benches applied it

2025 Ashok Singh v. State of Uttar Pradesh & Anr. R1: State of Uttar Pradesh R2: Ravindra Pratap Singh referred to
2024 M/s Rajco Steel Enterprises v. Kavita Saraff and Another referred to
2020 Aps Forex Services Pvt. Ltd. v. Shakti International Fashion Linkers & Ors. referred to
2019 Uttam Ram v. Devinder Singh Hudan & Anr. referred to
2019 Basalingappa v. Mudibasappa referred to

Of those, 5 referred to

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