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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.

MILIND SHRIPAD CHANDURKAR vs KALIM M.KHAN · Niyam