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Cc No. 15026/1/11 Manoj Babbar vs . Manish Sharma 1/11 on 25 July, 2014 cites

Krishna Janardhan Bhat vs Dattatraya G. Hegde on 11 January, 2008

17. Hence in the light of above discussion it comes out that the complainant CC No. 15026/1/11 Manoj Babbar vs. Manish Sharma 10/11 has failed to prove his case beyond all the reasonable doubts and accused has successfully rebutt the presumption in favour of the complainant as the standard of proof so as to prove a defence on the part of accused is only 'preponderance of probabilities' and inference of preponderance of probabilities can be drawn not only from the materials brought on record by the parties but also by reference to the circumstances upon which he relies as the same was held by Hon'ble Supreme Court in Krishnajanardhan Bhat v. Dattatraya G. Hegde 2008crl.L.J. 1172. Accordingly accused is acquitted for the offence under section 138 of Negotiable Instruments Act. Bail bond and Surety bond stands discharged. Original documents of surety, if any, be released as per rules. File be consigned to record room after necessary compliance.
Supreme Court of India Cites 23 - Cited by 3978 - S B Sinha - Full Document

Hiten P. Dalal vs Bratindranath Banerjee on 11 July, 2001

14. For the offence under sec. 138 N.I. Act, the presumptions under section 118(a) and 139 have to be compulsory raised as soon as execution of cheque by accused is admitted or proved by the complainant and thereafter burden is shifted to accused to prove otherwise. These presumptions shall end only when the contrary is proved by the accused, that is, the cheque was not issued for consideration and in discharge of any debt or liability etc. A presumption is not in itself evidence but only makes a prima facie case for a party for whose benefit it exists. Presumptions both under section 118 and 138 are rebuttable in nature. Same was held by the Hon'ble Supreme Court of India in Hiten P. Dalal v. Bratindranath Banerjee [(2001) 6 SCC 16].
Supreme Court of India Cites 18 - Cited by 3807 - R Pal - Full Document
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