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1 - 10 of 12 (0.25 seconds)Section 138 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 118 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 437 in The Code of Criminal Procedure, 1973 [Entire Act]
Indian Bank Association & Ors vs Union Of India & Anr on 21 January, 2014
04. As per directions of Hon'ble Supreme Court of
India in Indian Bank Association vs Union of India
reported in 2014 (5) SCC 590, the sworn statement is
treated as examination in chief of complainant. In order to
prove the accusation made against the accused, the
complainant examined herself as PW1 and got marked 04
documents as Ex P1 to Ex.P4 and Ex P3(a).
Basalingappa vs Mudibasappa on 9 April, 2019
"20. Now so far as the reliance is
placed by Learned Counsel appearing on
behalf of the accused on the decision of
this Court in the case
of Basalingappa (supra), on going through
the said decision, we are of the opinion
that the said decision shall not be
applicable to the facts of the case on hand
and/or the same shall not be of any
assistance to the accused. In that case
before this Court, the defense by the
accused was that the cheque amount was
given by the complainant to the accused
by way of loan. When the proceedings
were initiated under Section 138 of the
N.I. Act the accused denied the debt
liability and the accused raised the
defense and questioned the financial
capacity of the complainant. To that, the
complainant failed to prove and establish
his financial capacity. Therefore, this
19 C.C.No.4379/2017
Court was satisfied that the accused had a
probable defense and consequently in
absence of complainant having failed to
prove his financial capacity, this Court
acquitted the accused. In the present
case, the accused never questioned the
financial capacity of the complainant. We
are of the view that whenever the
accused has questioned the financial
capacity of the complainant in support
of his probable defense, despite the
presumption under Section 139 of the
N.I. Act about the presumption of
legally enforceable debt and such
presumption is rebuttable, thereafter
the onus shifts again on the
complainant to prove his financial
capacity and at that stage the
complainant is required to lead the
evidence to prove his financial
capacity, more particularly when it is
a case of giving loan by cash and
thereafter issuance of a cheque. That
is not a case here."
Rajesh Jain vs Ajay Singh on 9 October, 2023
24. The Hon'ble Supreme Court of India in its
reported judgement in 2023(10) SCC 148 in the case of
Rajesh Jain vs Ajay Singh in para 55 observed as
follows:
Aps Forex Services Pvt Ltd vs Shakti International Fashion Linkers on 14 February, 2020
29. The learned counsel for accused argued as
complainant failed to prove financial capacity. At this
stage it is relevant to discuss about judgment of
Hon'ble Supreme Court of India in 2020 SCC OnLine
SC 193 in the case of APS Forex Services Pvt. Ltd vs
Shakti International Fashion Linker and Other in
para 20 held , which reproduced as follows :
Section 200 in The Code of Criminal Procedure, 1973 [Entire Act]
Rangappa vs Sri Mohan on 7 May, 2010
31. As per section 139 of the N.I.Act, it shall be
presumed unless contrary is proved, that the holder of
cheque has received the cheque of the nature referred to in
section 138 of N.I. Act for discharge in whole or in part of
any debt or other liability. The Full bench judgement of
21 C.C.No.4379/2017
Hon'ble Supreme Court of India in the case of Rangappa
vs Sri Mohan reported in 2010(11) SCC 441 has held
that presumption mandated by section 139 of N.I.Act does
indeed include the existence of legally enforceable debt or
liability. Therefore, once the initial burden is discharged by
the complainant that the cheque is issued by accused and
the signature, the burden casted on the accused to prove
the contrary that cheque is not issued for any debt or other
liability. The said proposition of law is laid down by Hon'ble
Supreme Court of India in the case of the P Rasiya V/s.
Abdul Nazer and another. In the Judgement of Hon'ble
Supreme Court of India reported in 2021 (5) SCC 283 in
the case of M/S Kalamani Tex V/s.