Supreme Court of India · 2003-11-20
Goa Plast (P) Ltd vs Chico Ursula D'Souza
- Citation / case number
- AIR 2004 SUPREME COURT 408
- Court
- Supreme Court of India
- Petitioner
- Goa Plast (P) Ltd
- Respondent
- Chico Ursula D'Souza
- Author
- Ar. Lakshmanan
- Bench
- B.P. Singh, Ar. Lakshmanan
Judgment text excerpt
The Supreme Court held that under Section 138 of the Negotiable Instruments Act, the mere issuance of a cheque creates a presumption of liability, which the accused must rebut with evidence, not mere statements. The Court found that the acquittal by the lower courts was justified as the appellant failed to prove the respondent's liability, and the respondent did not provide sufficient evidence to rebut the presumption. Consequently, the appeal was dismissed, affirming the lower court's decision.