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1 - 10 of 14 (7.21 seconds)Section 138 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 118 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 313 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 himself as PW1 and got marked
05 documents as Ex.P1 to Ex.P5. The defence failed to
cross-examine PW1.
Basalingappa vs Mudibasappa on 9 April, 2019
16. In that regard, the Hon'ble Supreme Court of
India in its Judgment reported in 2019(5) SCC 418 in the
case of Basalingappa V/s Mudibasappa discussed the
10 C.C.No.23446/2023
manner in which accused could rebut the presumption
raised under section 118 and 139 of Negotiable instruments
Act. The Hon'ble Supreme Court of India in the case of
Basalingappa Vs. Mudibasappa reported in 2019 (5)
SCC 418 laid down principles regarding how presumption
under section 118 and 139 of N.I.Act can be rebutted. As
per the said judgement it is not necessary to accused to
enter into witness box to rebut the presumptions.
Rangappa vs Sri Mohan on 7 May, 2010
18. The Full bench judgement of Hon'ble Supreme
Court of India in the case of Rangappa vs Sri Mohan
reported in 2010(11) SCC 441 held that presumption
mandated by section 139 of N.I.Act does indeed include the
existence of legally enforceable debt or liability. Therefore,
11 C.C.No.23446/2023
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.
P. Rasiya vs Abdul Nazer on 12 August, 2022
The said
proposition of law is laid down by Hon'ble Supreme Court of
India in the case of the P Rasiya vs Abdul Nazer and
another.
Section 200 in The Code of Criminal Procedure, 1973 [Entire Act]
M/S Kalamani Tex vs P. Balasubramanian on 10 February, 2021
In the Judgement of Hon'ble Supreme Court of
India reported in 2021 (5) SCC 283 in the case of M/S
Kalamani Tex vs P. Balasubramanian. In the para 13 of
said Judgement the Hon'ble Supreme Court observed as
follows: