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A.Gopal vs R.Thangapandi on 10 April, 2026 cites

Tedhi Singh vs Narayan Dass Mahant on 7 March, 2022

7.In support of his contention, the learned counsel for the respondent relied upon the judgment of Apex Court in the case of Tedhi Singh vs. Narayan Dass Mahant reported in (2022) 6 SCC 735 for the point that it is the duty of the Trial Court to consider carefully and appreciate the totality of the evidence and then come to a conclusion whether in a given case the Page No.7 of 11 https://www.mhc.tn.gov.in/judis Crl.R.C.No.805 of 2022 accused had shown that the case of the complainant is in peril for the reason that the accused has established a probable defence. In this case, the accused failed to probable his defence.
Supreme Court of India Cites 8 - Cited by 247 - K Joseph - Full Document

Sri Dattatraya vs Sharanappa on 9 October, 2023

5.In support of his contention, the learned counsel for the petitioner relied upon the judgment of the Apex Court in the case of Sri Dattatraya vs. Sharanappa reported in 2024 INSC 586 for the point that the Trial Court has to see whether there was valid existence of legally recoverable debt and the very issuance of cheque is dubious based on the fallacies and contradictions in the evidence adduced by the parties. Further, when the Page No.5 of 11 https://www.mhc.tn.gov.in/judis Crl.R.C.No.805 of 2022 accused was able to cast a shadow of doubt on the case presented by the complainant, would be sufficient to show that the accused successfully rebutted the presumption stipulated by Section 139 of NIA Act and further, when the financial capacity of the creditor is raised on behalf of the accused and thereafter, the same is to be discharged by the complainant by cogent evidence.
Supreme Court - Daily Orders Cites 0 - Cited by 0 - Full Document
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