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1 - 10 of 28 (0.23 seconds)Section 138 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 118 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 251 in The Code of Criminal Procedure, 1973 [Entire Act]
The Negotiable Instruments Act, 1881
The General Clauses Act, 1897
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Rajesh Jain vs Ajay Singh on 9 October, 2023
31. It is trite law that when the accused has failed to rebut the presump-
tion under section 139 NI Act, the court can proceed to convict the accused.
reliance is placed upon the judgment of Hon'ble Supreme Court in Supreme
Court in 'Rajesh Jain v. Ajay Singh, (2023) 10 SCC 148', which discusses
the correct approach in dealing with presumption under Section 139 ob-
served as under; relevant extracts are reproduced hereunder:
M/S Kumar Exports vs M/S Sharma Carpets on 16 December, 2008
16. The Hon'ble Supreme Court in 'Kumar Exports vs. Sharma Carpets
(2009) 2 SCC 513', while elaborating upon the interplay of section 118(a)
r/w 139 of the N I Act, has held that: