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Kesoram Industries Limited vs Latha Traders on 23 December, 2022 cites

Rangappa vs Sri Mohan on 7 May, 2010

26. Once issuance of cheque and signature are admitted, the statutory presumptions would arise under sections 118 and 139 of the N.I.Act that cheque was issued by the drawer for legally payable debt/liability and for valid consideration. The Hon'ble Supreme Court has held in Rangappa V/S Mohan reported in 2010 AIR SCW 296, the presumption that the cheque was drawn in discharge of legally recoverable debt is a presumption of law that ought to be raised in every case, though, it is a rebuttable presumption. Ofcourse, the presumption under section 118 and 139 of the N.I.Act are rebuttal presumption. Further it is also held that mere plausible explanation by the drawer is not sufficient and proof of that explanation is necessary. The principle of law laid-down in the above decision is applicable to the facts of this case. In the instant case, since the complainant is in possession of cheque- Ex.P.4 the court has to draw the initial presumption that he is the payee of that cheque. Once the initial burden C.C.NO.17530/2018 24 is discharged by the complainant, the onus shifts on the accused to rebut the complainant's case.
Supreme Court of India Cites 11 - Cited by 9567 - K G Balakrishnan - Full Document
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