Supreme Court of India · 2011-03-03
MILIND SHRIPAD CHANDURKAR vs KALIM M.KHAN
- Citation / case number
- SC 2008/64160
- Court
- Supreme Court of India
- Petitioner
- MILIND SHRIPAD CHANDURKAR
- Respondent
- KALIM M.KHAN
- Author
- B.S. CHAUHAN
- Bench
- P. SATHASIVAM,B.S. CHAUHAN, , ,
Judgment text excerpt
The Supreme Court held that the High Court erred in setting aside the conviction under Section 138 of the Negotiable Instruments Act, 1881, on the grounds of insufficient evidence regarding the appellant's status as sole proprietor. The Court emphasized that the burden of proof lies on the accused to disprove the presumption of liability under Section 139 of the Act. The appeal was allowed, reinstating the conviction and sentence imposed by the trial court and upheld by the appellate court.