Supreme Court of India
Bir Singh v. Mukesh Kumar
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9 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the foregoing discussions, CRR No. 849 o f 2016 is allowed and CRR No.2017 of 2016 is dismisse d.
Judgment, page 11
From the headnote
Negotiable Instruments Act, 1881: s.138 and 139 – Dishonour of cheque for insufficient funds – Conviction by trial Court as well as appellate court – In Revision, High Court reversing the concurrent factual finding of courts below and acquitting the accused holding that heavy burden was on the complainant to prove that blank cheque was given to him towards repayment of the loan which he had advanced to the accused – On appeal, Supreme Court held: Section 139 introduces an exce ption to the general rule as to the burden of proof and shifts the onus on the accused i.e drawer of cheque – Section
Authorities it was built on
- 2005 Ranjitsing Brahmajeetsing Sharma v. State of Maharashtra and Anr.
- 2001 Hiten P. Dalal v. Bratindranath Banerjee
- 2008 M/s. Kumar Exports v. M/s. Sharma Carpets
- 2001 K.n.beena v. Muniyappan and Anr.
- 2012 Msr Leathers v. S. Palaniappan & Anr.
- 2008 Krishna Janardhan Bhat v. Dattatraya G. Hegde
- 2006 Rajesh Ranjan Yadav @ Pappu Yadav v. Cbi through its Director
- 1957 The State of Madras v. A. Vaidyanatha Iyer
- 1991 State of Punjab and Ors. v. Surinder Kumar and Ors.
- 2008 Southern Sales & Services & Ors. v. Sauermilch Design & Handels Gmbh
- 2012 M/s. Laxmi Dyechem v. State of Gujarat & Ors.
- 2007 John K. John v. Tom Varghese and Anr.
- 2009 Raj Kumar Khurana v. State of (nct of Delhi) & Anr.
Where later benches applied it
- 2022 Oriental Bank of Commerce v. Prabodh Kumar Tewari
- 2025 Sanjabij Tari v. Kishore S. Borcar & Anr.
- 2024 Union of India & Ors. v. Rajeev Bansal
- 2024 Sri Dattatraya v. Sharanappa
- 2023 Rajesh Jain v. Ajay Singh
- 2023 Rajaram S/o Sriramulu Naidu (since Deceased) through L.rs. v. Maruthachalam (since Deceased) through L.rs
- 2022 Gregory Patrao and Ors. v. Mangalore Refinery and Petrochemicals Limited & Ors.
- 2021 M/s. Kalamani Tex & Anr v. P. Balasubramanian
- 2019 Uttam Ram v. Devinder Singh Hudan & Anr.
Of those, 1 relied on · 8 referred to
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