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1 - 10 of 20 (0.44 seconds)Section 139 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 251 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 118 in The Negotiable Instruments Act, 1881 [Entire Act]
The Negotiable Instruments Act, 1881
The Code of Criminal Procedure, 1973
Section 27 in The General Clauses Act, 1897 [Entire Act]
Section 141 in The Negotiable Instruments Act, 1881 [Entire Act]
Rangappa vs Sri Mohan on 7 May, 2010
GOEL 2024.12.24
15:36:35
+0530
and it favours the complainant. The accused cannot be expected to
discharge an unduly high standard or proof to rebut the presumption u/s
139 NI Act. The standard of proof for doing so is that of 'preponderance
of probabilities' meaning thereby that if accused is able to raise a
probable defence creating doubt about the existence of a legally
enforceable debt or liability, the prosecution can fail. The accused can
rely on the materials submitted by the complainant in order to raise such a
defence and it is conceivable that in some cases the accused may not need
to adduce evidence of his/her own. (Reliance is placed on K.N. Beena V.
Maniyappan, AIR 2001 SUPREME COURT 2895; Rangappa V. Mohan,
(AIR 2010 SUPREME COURT 1898); M/s Kalamani Tex V. P.
Balasubramanian, AIRONLINE 2021 SC 82; and Rajesh Jain V. Ajay
Singh, [2023] 13 S.C.R. 788).
M/S Kalamani Tex vs P. Balasubramanian on 10 February, 2021
GOEL 2024.12.24
15:36:35
+0530
and it favours the complainant. The accused cannot be expected to
discharge an unduly high standard or proof to rebut the presumption u/s
139 NI Act. The standard of proof for doing so is that of 'preponderance
of probabilities' meaning thereby that if accused is able to raise a
probable defence creating doubt about the existence of a legally
enforceable debt or liability, the prosecution can fail. The accused can
rely on the materials submitted by the complainant in order to raise such a
defence and it is conceivable that in some cases the accused may not need
to adduce evidence of his/her own. (Reliance is placed on K.N. Beena V.
Maniyappan, AIR 2001 SUPREME COURT 2895; Rangappa V. Mohan,
(AIR 2010 SUPREME COURT 1898); M/s Kalamani Tex V. P.
Balasubramanian, AIRONLINE 2021 SC 82; and Rajesh Jain V. Ajay
Singh, [2023] 13 S.C.R. 788).