Supreme Court of India · 2015-04-28
T. Vasanthakumar vs Vijayakumari
- Citation / case number
- AIR 2015 SC (CRIMINAL) 1182
- Court
- Supreme Court of India
- Petitioner
- T. Vasanthakumar
- Respondent
- Vijayakumari
- Author
- Pinaki Chandra Ghose
- Bench
- Pinaki Chandra Ghose, J. Chelameswar
Judgment text excerpt
The Supreme Court held that under Section 138 of the Negotiable Instruments Act, 1881, the burden of proof lies on the accused to establish a defense once the complainant proves the issuance of the cheque and its dishonor. The Court emphasized that the mere denial of the transaction by the accused is insufficient to rebut the presumption of consideration under Section 139 of the Act. The Court overturned the High Court's acquittal and reinstated the Trial Court's conviction, affirming the sentence imposed on the defendant.