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july 2018

Supreme Court of India · 2018-07-02

Kishan Rao vs Shankargouda

Citation / case number
AIR 2018 SUPREME COURT 3173
Court
Supreme Court of India
Petitioner
Kishan Rao
Respondent
Shankargouda
Author
Ashok Bhushan
Bench
Ashok Bhushan, A.K. Sikri

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, as the trial court had established the existence of a debt and the accused failed to rebut the presumption under Section 139 of the Act. The Court emphasized that the High Court cannot re-evaluate evidence in a revision petition and that the conviction was based on sufficient evidence. The Supreme Court restored the trial court's conviction and sentence against the accused.

Kishan Rao vs Shankargouda · Niyam