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october 2001

Supreme Court of India · 2001-10-18

K.N. Beena vs Muniyappan And Another

Citation / case number
AIR 2001 SUPREME COURT 2895
Court
Supreme Court of India
Petitioner
K.N. Beena
Respondent
Muniyappan And Another
Author
S. N. Variava
Bench
S.N.Variava, K.T.Thomas

Judgment text excerpt

The Supreme Court held that in cases under Section 138 of the Negotiable Instruments Act, the burden of proof regarding the issuance of a cheque for a debt or liability lies with the accused, as established under Sections 118 and 139 of the Act. The Court found that the High Court erred in shifting this burden to the complainant, leading to the wrongful acquittal of the accused. The Supreme Court reinstated the conviction and sentence imposed by the Magistrate, affirming that the accused failed to provide evidence to rebut the presumption of consideration for the cheque.

K.N. Beena vs Muniyappan And Another · Niyam