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.