Supreme Court of India
Tedhi Singh v. Narayan Dass Mahant
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2 Supreme Court benches have cited this judgment.
What the Court ordered
Accordingly, the appeal is partly allowed. While we uphold the conviction, we direct that sentence of imprisonment of one year shall stand vacated. However, the appellant shall stand sentenced to fine of Rs.5,000/- which he will deposit within a period of one month from today in the Trial Court. In case of default, the appellant shall undergo simple imprisonment for a period of one month. The appellant shall also deposit a sum of Rs.15,000/- as further compensation which can be withdrawn by the respondent. The deposit shall be made in the Trial Court within a period of four weeks from today. The appeal is partly allowed as above.
Judgment, Para 13
From the headnote
Negotiable Instrument Act, 1881: s.139 – Presumption in favour of holder – Respondent filed complaint stating that appellant was his friend and as he was in urgent need of money, he gave a sum of Rs.7 lakhs – However, cheque given by the appellant was dishonored – Conviction of appellant u/s.138 – Held: s.139 of the N.I. Act provides that Court shall presume that the holder of a cheque received the cheque of the nature referred to in s.138 for the discharge, in whole or in part, of any debt or other liability – However, it is open to the accused to establish that there is no consideration received…
Authorities it was built on
Where later benches applied it
- 2025 Sanjabij Tari v. Kishore S. Borcar & Anr.
- 2024 M/s S.S. Production and Anr. P1: M/s S. S. Production P2: Tr. S. Subbiah v. Tr. Pavithran Prasanth
Of those, 1 relied on · 1 referred to
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