Supreme Court of India
K.S. Ranganatha v. Vittal Shetty
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What the Court ordered
We are of the opinion that the defence raised by the appellants does not inspire confide nce or meet the standard of “preponderance of probability”. I n the absence of any other relevant material, it appears to u s that the High Court did not err in discarding the appellants’ defence and upholding the onus imposed upon them in terms of Section 118 and Section 139 of NIA.
Judgment, page 9
From the headnote
Negotiable Instruments Act, 1881 – s.138 – Dishonou r of cheque – Appellant acquitted by trial court – Acquittal revers ed by High Court – On appeal, held: Respondent successfully disch arged the initial burden cast on him – He established that the cheque sig ned by the appellant was issued in his favour towards d ischarge of a legally recoverable amount – Parties were known to each o ther – Appellant admitted about an earlier transaction whe re he had borrowed the amount and repaid – This indicates that th e parties had entered into financial transactions earlier as well a nd another
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