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november 2003

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.

Goa Plast (P) Ltd vs Chico Ursula D'Souza · Niyam