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1 - 10 of 20 (0.28 seconds)Section 139 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 311 in The Code of Criminal Procedure, 1973 [Entire Act]
Triyambak S.Hegde vs Sripad on 23 September, 2021
(Reliance placed on Triyambak S. Hegde vs Sripad
decided by 3 judge bench of Hon'ble SC on
23.09.2021 and Basalingappa vs Mudibasappa
(2019) 5 SCC 418; Bir Singh Vs. Mukesh Kumar
(2019) 4SCC; Kusum Ingots & Alloys vs. K Pennar
Peterson 2000 SC)
Basalingappa vs Mudibasappa on 9 April, 2019
(Reliance placed on Triyambak S. Hegde vs Sripad
decided by 3 judge bench of Hon'ble SC on
23.09.2021 and Basalingappa vs Mudibasappa
(2019) 5 SCC 418; Bir Singh Vs. Mukesh Kumar
(2019) 4SCC; Kusum Ingots & Alloys vs. K Pennar
Peterson 2000 SC)
Bir Singh vs Mukesh Kumar on 6 February, 2019
(Reliance placed on Triyambak S. Hegde vs Sripad
decided by 3 judge bench of Hon'ble SC on
23.09.2021 and Basalingappa vs Mudibasappa
(2019) 5 SCC 418; Bir Singh Vs. Mukesh Kumar
(2019) 4SCC; Kusum Ingots & Alloys vs. K Pennar
Peterson 2000 SC)
Kusum Ingots And Alloys Ltd vs Pennar Peterson Securities Ltd. And Ors on 23 February, 2000
(Reliance placed on Triyambak S. Hegde vs Sripad
decided by 3 judge bench of Hon'ble SC on
23.09.2021 and Basalingappa vs Mudibasappa
(2019) 5 SCC 418; Bir Singh Vs. Mukesh Kumar
(2019) 4SCC; Kusum Ingots & Alloys vs. K Pennar
Peterson 2000 SC)
Rangappa vs Sri Mohan on 7 May, 2010
13. Therefore, in the present matter, the onus of proof is now
upon the accused to raise a probable defence and to rebut the
presumption of the existence of a legally recoverable debt arisen
in favour of the complainant (reliance placed on Rangappa Vs. Sri
Mohan (2010) 11 SCC 441). It is now to be examined as to
whether the accused has brought any material on record
dislodging the presumption which meets the standard of
preponderance of probabilities.
B. Adhikari vs Ponraj on 4 July, 1995
15. The accused has relied upon the judgment of B. Adhikari vs
Ponraj ; C.S Madhusudhan vs. B. Eswaramma ; R.L. Verma &
Sons vs P.C Sharma ; Engineering Control Vs. Banday Infratech
Pvt. Ltd. In support of his submissions with regard to the non-
receipt of the legal notice, thereby defeating the essential
ingredients of section 138 N.I. Act. However, apart from blunt
denial regarding the non-receipt of the legal notice, no evidence
Ct. Case No 50861/2018
Page No. 5 of 9
M/s Divita Ent'p vs Satish Mehra
has been furnished. The said plea has not been questioned during
the course of the trial. Moreover, accused stated the same address
at every stage of trial / proceedings and also filed appearance
before the Court on the process being issued on the said address.