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april 2015

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.

T. Vasanthakumar vs Vijayakumari · Niyam