Supreme Court of India

Rohitbhai Jivanlal Patel v. State of Gujarat & Anr.

Neutral citation

Reported as [2019] 5 S.C.R. 417

Bench Abhay Manohar Sapre and Dinesh Maheshwari JJ.

Decided 15 March 2019

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.

3 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the considered view that the Trial Court appears to have proceeded on a misplaced assumption that by mere denial or mere creation of doubt, the appellant had suc cessfully rebutted the presumption as envisaged by Section 139 of the NI Act.

Judgment, page 26

From the headnote

Negotiable Instruments Act, 1881 – ss. 118, 138 and 13 9 – Presumption u/ss. 118 and 139 – 7 cheques of Rs. 3 L akhs each, drawn by the accused-appellant in favour of the com plainant- respondent no.2 – Dishonoured – Trial Court dismiss ed the 7 complaints cases filed by respondent no. 2 – High Co urt set aside the said orders and convicted the appellant for the offence u/s.138 – On appeal, held: Appellant could not deny his signat ure on the cheques in question – Said cheques were presented t o the Bank concerned within the period of their validity and w ere returned unpaid for insufficient

Authorities it was built on

2010 Rangappa v. Sri Mohan cited by 19
2009 Arulvelu and Another v. State Represented by the Public Prosecutor and Another cited by 18
2008 M/s. Kumar Exports v. M/s. Sharma Carpets cited by 11
2006 M.S. Narayanan Menon @ Mani v. State of Kerala and Anr. cited by 5

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
2023 Rajaram S/o Sriramulu Naidu (since Deceased) through L.rs. v. Maruthachalam (since Deceased) through L.rs mentioned

Of those, 2 referred to · 1 mentioned

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