Niyam v2 is live — start for just ₹100 — 200 credits to try

november 2014

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.

K Subramani vs K Damodara Naidu · Niyam