Gurmail Singh vs Simran Bhalla on 25 July, 2013
In the case of Suresh Kallappa Makavi versus Madan
Bindurao cited as 2009 criminal Law Journal 224, it was held, "in case of a
cheque signed by two persons having joint account, the complainant
has an option to either proceed against both signatories or against
one of the signatory of the cheque. He cannot be compelled to
proceed against both". This is a case of Karnataka High Court.After
considering the facts and circumstances of the case, and in light of the
evidence brought on record, I am of the considered view that accused has
been able to successfully rebutt the statutory presumption because the
defence of accused during the whole trial has remained consistent and looks
probable. Further, there are material contradictions in the testimony of
Gurmail Singh vs Simran Bhalla Page 9 of 11
10
complainant. Counsel for accused has submitted that accused has proved her
innocence on the scale of preponderance of probabilities.