Criminal Law
Mode of Citation- ILC-2017-SC-CRL-....
Get started with Indian Law Cases
Your password will be generated automatically and will be sent to your email-id provided in this form.
Full Name  
Email ID
(this email-id will be treated as your User ID also)
Address
City
Mobile No
* Mobile No is required for verification of identity
 Bare Acts  | Legal Resources  | Lawyer Locater  | Articles  | Legal Dictionary  | Download Desktop Software  | Subscription   Home   |   E-Journal  |  Sign-In  | Contact Us  | Disclaimers

Criminal Law
 Search Tips
Criminal Law
Mode of Citation- ILC-2017-SC-CRL-....
Judgement Subject Index/Important Decision/Topic

ILC-2015-SC-CRL-Apr-36

T. Vasantha Kumar Vs. Vijay Kumari

Head Note

The Negotiable Instruments Act, 1881  - Section 138 , Section 139

Dishonour of Cheque - Presumption - Cheque as well as the signature has been accepted by the accused respondent, the presumption under Section 139 would operate - Burden was on the accused to disprove the cheque or the existence of any legally recoverable debt or liability - Accused has come up with a story that the cheque was given to the complainant long back in 1999 as a security to a loan; the loan was repaid but the complainant did not return the security Cheque - According to the accused, it was that very cheque used by the complainant to implicate the accused - Cheque was dishonoured because the payment was stopped and not for any other reason - This implies that the accused had knowledge of the cheque being presented to the bank, or else how would the accused have instructed her banker to stop the payment - Date of the cheque was as such 20/05/2006 - Accused in her evidence brought out nothing to prove the debt of 1999 nor disprove the loan taken in 2006 - High Court held to be misplaced in putting the burden of proof on the complainant - As per Section 139, the burden of proof had shifted on the accused which the accused failed to discharge - Impugned order passed by High Court acquitting the respondent liable to be set aside and that of the trial Court and appellate Court convicting the respondent restored.

Topic(s)-Dishonour of Cheque - Presumption - Conviction

Important Decision(s)- 

  • Cheque as well as the signature has been accepted by the accused respondent, the presumption under Section 139 would operate.
  • Cheque was dishonoured because the payment was stopped - The accused had knowledge of the cheque being presented to the bank.







Full Judgement Body


     
@2016 Indian Law
Name  
Email ID
Please Wait..