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1 - 10 of 17 (0.29 seconds)Section 251 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 118 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 139 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 389 in The Code of Criminal Procedure, 1973 [Entire Act]
Sanjabij Tari vs Kishore S.Borcar on 15 March, 2022
16. Furthermore, the Hon'ble Supreme Court of India in Sanjabij
Tari vs. Kishore S. Borcar in Crl. Appeal No. 1755/2010 decided on
25.09.2025 has held:
Tedhi Singh vs Narayan Dass Mahant on 7 March, 2022
"29. Furthermore, the fact that the accused has failed to reply to
the statutory notice under Section 138 of the NI Act leads to an
inference that there is merit in the Appellant-Complainant's
version. This Court in Tedhi Singh vs. Narayan Dass Mahant,
(2022) 6 SCC 735 has held that the accused has the initial burden
to set up the defence in his reply to the demand notice that the
complainant did not have the financial capacity to advance the
loan. The relevant portion of the said judgment is reproduced
here in below:-
M/S M. M. T. C. Ltd. & Anr vs M/S Medchl Chemicals & Pharma P. Ltd. & ... on 19 November, 2001
30. This Court in MMTC Ltd. and Another vs. Medchl
Chemicals & Pharma (P) Ltd. and Another, (2002) 1 SCC 234
has specifically held that when a statutory notice is not replied, it
has to be presumed that the cheque was issued towards the
discharge of liability.
M/S Indus Airways Pvt. Ltd And Ors vs M/S Magnum Aviation Pvt Ltd And Anr on 7 April, 2014
a) Indus Airways Pvt. Ltd. Vs. Magnum Aviation Pvt.Ltd. (2014)
SCC 539