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may 2010

Supreme Court of India · 2010-05-07

RANGAPPA vs SRI MOHAN

Citation / case number
SC 2006/1863
Court
Supreme Court of India
Petitioner
RANGAPPA
Respondent
SRI MOHAN

Judgment text excerpt

The Supreme Court addressed the interpretation of Section 139 of the Negotiable Instruments Act, 1881, which establishes a presumption in favor of the holder of a cheque regarding the existence of a debt. The Court held that the burden of proof shifts to the accused to rebut this presumption, and clarified the standards for doing so. The High Court's conviction of the appellant-accused for dishonor of cheque under Section 138 was upheld, affirming the need for the accused to provide credible evidence to counter the presumption of liability.

RANGAPPA vs SRI MOHAN · Niyam