Supreme Court of India · 2014-11-13
K Subramani vs K Damodara Naidu
- Citation / case number
- AIR 2015 SC( CRI) 333
- Court
- Supreme Court of India
- Petitioner
- K Subramani
- Respondent
- K Damodara Naidu
- Author
- C. Nagappan
- Bench
- C. Nagappan, V. Gopala Gowda
Judgment text excerpt
The Supreme Court analyzed the High Court's decision regarding the dishonor of a cheque under Section 138 of the Negotiable Instruments Act, emphasizing that the complainant is not required to prove financial capacity to lend money to establish a legally recoverable debt. The Court upheld the presumption under Section 139 of the Act, stating it benefits the complainant unless rebutted by the accused. The High Court's order setting aside the trial court's acquittal and remanding the case for retrial was affirmed, as the trial court's reasoning was found to be legally infirm.