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1 - 10 of 18 (0.34 seconds)Section 139 in The Negotiable Instruments Act, 1881 [Entire Act]
The Code of Criminal Procedure, 1973
The Negotiable Instruments Act, 1881
Krishna Janardhan Bhat vs Dattatraya G. Hegde on 11 January, 2008
It is settled preposition of law that the guilt of accused must be proved
Girwar Singh Vs. Anil Sharma 8/9
beyond reasonable doubt and reliance has been placed by this court on the
judgments of Bharat Barrel & Drum Manufacturing Company Vs. Amit Chand
Payrelal [( 1999 ) 3 SCC 35]and of Krishna Janardhan Bhat v. Dattatraya
G.Hegde(2008)4 SCC54 wherein it was held that "Furthermore, whereas
prosecution must prove the guilt of an accused beyond all reasonable doubt, the
standard of proof so as to prove a defence on the part of an accused is
preponderance of probabilities. Inference of preponderance of probabilities can be
drawn not only from the materials brought on records by the parties but also by
reference to the circumstances upon which he relies".
Hiten P. Dalal vs Bratindranath Banerjee on 11 July, 2001
Bharat Barrel And Drum Manufacturing ... vs Amin Chand Payrelal on 18 February, 1999
It is settled preposition of law that the guilt of accused must be proved
Girwar Singh Vs. Anil Sharma 8/9
beyond reasonable doubt and reliance has been placed by this court on the
judgments of Bharat Barrel & Drum Manufacturing Company Vs. Amit Chand
Payrelal [( 1999 ) 3 SCC 35]and of Krishna Janardhan Bhat v. Dattatraya
G.Hegde(2008)4 SCC54 wherein it was held that "Furthermore, whereas
prosecution must prove the guilt of an accused beyond all reasonable doubt, the
standard of proof so as to prove a defence on the part of an accused is
preponderance of probabilities. Inference of preponderance of probabilities can be
drawn not only from the materials brought on records by the parties but also by
reference to the circumstances upon which he relies".
K. Bhaskaran vs Sankaran Vaidhyan Balan And Anr on 29 September, 1999
Reliance has also been placed by this court on the judgment of K.Bhaskaran
v. Sankaran Vaidhyan Balan and others [AIR 1999 SC 3762] wherein it was held
that "As the complainant has discharged his initial burden, the onus shifted on the
accused to produce rebuttal evidence against the presumption laid down in favour
of the complainant".
Rangappa vs Sri Mohan on 7 May, 2010
Accused has also admitted his signature on the cheque in question in notice
U/S 251 Cr.P.C. Reference has been made to Judgment of Apex Court in Rangappa
vs Sri Mohan, AIR 2010 SC 1898 that,
"Once the cheque relates to the account of the accused and he accepts and
admits the signatures on the said cheque, then initial presumption as contemplated
under Section 139 of the Negotiable Instruments Act has to be raised by the Court in
favour of the complainant. The presumption referred to in Section 139 of the N.I. Act
is a mandatory presumption and not a general presumption, but the accused is
entitled to rebut the said presumption. What is required to be established by the
accused in order to rebut the presumption is different from each case under given
circumstances. But the fact remains that a mere plausible explanation is not
expected from the accused and it must be more than a plausible explanation by
way of rebuttal evidence. In other words, the defence raised by way of rebuttal
evidence must be probable and capable of being accepted by the Court. The defence
raised by the accused was that a blank signed cheques were lost by her, which was
made use of by the complainant. The accused had failed to raise a probable defence
to rebut the presumption placed on him by Section 139 of the Act".