Search Results Page

Search Results

1 - 10 of 18303 (1.77 seconds)
Documents citing M/S Kalamani Tex vs P. Balasubramanian on 10 February, 2021

Investors And Realtors vs R/A No.E22 on 18 April, 2022

23. On careful examination of all the documents of complainant, it is very clear that the complainant filed this complaint well within time and complied all the ingredients of Section 138 of N.I. Act 1881. The presumption Under Section 139 of the NI Act is a presumption of law, it is not a presumption of fact. This presumption has to be raised by the court in all the cases once the factum of dishonor is established. The onus of proof to rebut this presumption lies on the accused. The standard of such rebuttable evidence depends on the facts and circumstances of each case. Such evidence must be sufficient to prove the case. Therefore a mere explanation is not sufficient to rebut this presumption of law. This court being guided by the preposition of law laid down by Hon'ble Apex court which is relied by the complainant which are as follows;­ Modi Cements Ltd., Vs Kuchilkumar Nandi 1998 (3) SCC 249 K.N.Beena Vs Muniyappan and others 2001 (8) SCC 458 Rangappa Vs Mohan 2010 (11) SCC 441 Kalamani Tex and another Vs P.Balasubramaniyan 2021 (5) SCC 283 Triyambak S.Hegde Vs Sripad 2021 SCC online SC 788 Birsingh Vs Mukesh Kumar 2019 (4) SCC 197 Ripudaman Singh Vs Balakrishna 2019 (4) SCC 767 53 C.C.NO.6109/2018 SCCH-26 T.R.Srinivasaiah Vs Chikkamagalur District cooperative Central Bank Ltd., (Criminal Revision No.109/2017) Sri.Dhaneshwari Traders Vs Sanjay Jain and another 2019 (16) SCC 83 Jayam company Vs T.Ravichandran 2003 CR.L.J. 2890­High court of Madras It is profitable to refer the decision relied by the complainant and relied Hon'ble Apex court recent decision passed in Criminal Appeal No.123/2021 arising out of special leave petition (criminal) 1876/2018 between M/s Kalamani Tex and another Vs P.Balasubramanian disposal date on 10­02­2021 (three judges bench). In this case, Apex court held that, "once signature on cheque admitted by the accused, court ought to have presume that, cheque was issued as consideration for a legally enforceable debt."
Bangalore District Court Cites 23 - Cited by 0 - Full Document
1   2 3 4 5 6 7 8 9 10 Next