Section 313 CrPC Statement By Accused Is Not A Substantive Evidence To Rebut Presumption Under Section 139 NI Act: Supreme Court
4 years ago

Section 313 CrPC Statement By Accused Is Not A Substantive Evidence To Rebut Presumption Under Section 139 NI Act: Supreme Court

Live Law  

The statement of the accused recorded under Section 313 of the Code of Criminal Procedure is not a substantive evidence of defence to rebut the presumption under Section 139 of the Negotiable Instruments Act that the cheques were issued for consideration.In this case, the bench comprising Justices Indu Malhotra and Ajay Rastogi was considering an appeal against the judgment of. The statement of the accused recorded under Section 313 of the Code of Criminal Procedure is not a substantive evidence of defence to rebut the presumption under Section 139 of the Negotiable Instruments Act that the cheques were issued for consideration. The court noted that the accused has only recorded her statement under Section 313 of the Code, and has not adduced any evidence to rebut the presumption that the cheques were issued for consideration. When the complainant exhibited all these documents in support of his complaints and recorded the statement of three witnesses in support thereof, the accused has recorded her statement under Section 313 of the Code, but failed to record evidence to disprove or rebut the presumption in support of her defence available under Section 139 of the Act, the bench observed.

Evidence Court Statement Accused Act Code Recorded Section 138 Presumption Section 313 Indu Malhotra Section 139 Of Rebut Justices Indu Malhotra  recorded  court  accused  substantive  crpc  presumption  ni  statement  issued  supreme  support  evidence  rebut  act

History of this topic

Magistrate Has Discretion To Record Statement U/S 313 CrPC If Accused Has Not Examined Or Cross-Examined Witnesses: Karnataka High Court
1 month, 1 week ago

Magistrate Has Discretion To Record Statement U/S 313 CrPC If Accused Has Not Examined Or Cross-Examined Witnesses: Karnataka High Court

Live Law  

The Karnataka High Court has said that it is the discretion of the trial court to dispense with the accused statement under Section 313 of the Criminal Procedure Code if the accused does not avail of any opportunity for cross-examining the witness or lead any defence evidence. A single judge, Justice H P Sandesh dismissed the petition filed by Sunil …

Cheque Dishonour Cases - What Should Courts Ask Accused Once Presumption Under S.139 NI Act Is Applicable? Supreme Court Explains
1 year, 5 months ago

Cheque Dishonour Cases - What Should Courts Ask Accused Once Presumption Under S.139 NI Act Is Applicable? Supreme Court Explains

Live Law  

Reiterating the principles relating to the presumption under Section 139 of the Negotiable Instruments Act 1881, the Supreme Court reversed the acquittal of an accused in a case for cheque dishonour.A bench comprising Justices Aravind Kumar and SVN Bhatti observed that there was a "fundamental flaw" in the approach taken by both the Trial Court and the High Court.Summarising the …

Section 313 CrPC Not Empty Formality, Circumstances Must Be Explained To Accused : Supreme Court
2 years, 3 months ago

Section 313 CrPC Not Empty Formality, Circumstances Must Be Explained To Accused : Supreme Court

Live Law  

The Supreme Court observed that while questioning an accused under Section 313 CrPC, he must be explained the circumstances appearing in the evidence against him. The court observed thus while allowing an appeal filed by murder accused in which he contended that there was an omission to frame a proper charge in accordance with Section 213 of the Code of …

Failure To Raise 'Probable Defence' Or Deny Issuance Of Cheque & Signature Thereupon Strengthens Presumption U/S 139 NI Act: Himachal Pradesh HC
2 years, 7 months ago

Failure To Raise 'Probable Defence' Or Deny Issuance Of Cheque & Signature Thereupon Strengthens Presumption U/S 139 NI Act: Himachal Pradesh HC

Live Law  

The Himachal Pradesh High Court has observed that if the drawer of a cheque fails to raise a "probable defence" or to contest the existence of a legally enforceable debt or to deny the issuance of the cheque and signatures thereupon, the statutory presumption in favour of cheque holder under Section 139 of Negotiable Instruments Act comes into play. "Interestingly, …

Statements Recorded U/S 164 CrPC Are Not Substantive Evidence, Can Only Be Used For Corroboration: Madras High Court Reiterates
2 years, 7 months ago

Statements Recorded U/S 164 CrPC Are Not Substantive Evidence, Can Only Be Used For Corroboration: Madras High Court Reiterates

Live Law  

The Madras High Court recently set aside an order of conviction of a man accused of murder after observing that the trial court was misled in corroborating the statement of witnesses recorded under S. 164 CrPC with the medical evidence when in fact all the independent witnesses had turned hostile. The trial court had erred in relying upon the statements …

S.313 CrPC | Trial Court Should Avoid Posing Long & Arduous Queries To Accused: Gauhati High Court
2 years, 11 months ago

S.313 CrPC | Trial Court Should Avoid Posing Long & Arduous Queries To Accused: Gauhati High Court

Live Law  

The Gauhati High Court observed that under Section 313 CrPC, the trial court should avoid posing long and arduous queries to the accused and instead bring to his notice, in a concise form, only the incriminating evidence available on record against him. A Division Bench of Justices Suman Shyam and Malasari Nandi remarked that section 313 CrPC is to afford …

Co-Accused Being Not Chargesheeted No Ground To Quash Proceedings Against Accused Who Is Chargesheeted After A Thorough Investigation: Supreme Court
3 years, 3 months ago

Co-Accused Being Not Chargesheeted No Ground To Quash Proceedings Against Accused Who Is Chargesheeted After A Thorough Investigation: Supreme Court

Live Law  

A bench of Justice B.V. Nagarathna and Justice M.R. Shah have recently observed in a case dealing with criminal conspiracy to cheat a bank and induce dishonest delivery of property, that "merely because some other persons who might committed the offences, but were not arrayed as accused and were not charge-sheeted cannot be a ground to quash the criminal proceedings …

Statement U/s 161 CrPC Inadmissible In Evidence And Cannot Be Relied Upon For Conviction: SC [Read Judgment]
5 years ago

Statement U/s 161 CrPC Inadmissible In Evidence And Cannot Be Relied Upon For Conviction: SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that a statement recorded under Section 161 of the Code of Criminal Procedure is inadmissible in evidence and cannot be relied upon or used to convict the accused. While setting aside a concurrent conviction in a murder case, the bench of Justices Ashok Bhushan and MR Shah observed that a statement recorded under Section 161 …

Rebuttal Of Presumption U/s 139 NI Act Can Only Be Done After Adducing Evidence: SC [Read Order]
5 years ago

Rebuttal Of Presumption U/s 139 NI Act Can Only Be Done After Adducing Evidence: SC [Read Order]

Live Law  

The Supreme Court has observed that the rebuttal of presumption available under Section 139 of Negotiable Instruments Act can only be done after adducing evidence.The bench of Justice Ashok Bhushan and Justice KM Joseph agreed with the High Court view that rebuttal of presumption cannot be looked into at the stage of the Court taking cognizance of the offence. The …

Defence That 'Cheque Issued As Security' Not Believable In Absence Of Further Evidence To Rebut Presumption U/s 139 NI Act : SC [Read Judgment]
5 years, 1 month ago

Defence That 'Cheque Issued As Security' Not Believable In Absence Of Further Evidence To Rebut Presumption U/s 139 NI Act : SC [Read Judgment]

Live Law  

The Supreme Court has observed that defence of the accused that the cheques were given by way of security is not believable in absence of further evidence to rebut the presumption. The bench of Justices Ashok Bhushan and MR Shah reiterated that, once the issuance of the cheque has been admitted and even the signature on the cheque has been …

Section 313 CrPC: Inculpatory Material As Not Put To The Accused Must Be Eschewed: SC [Read Judgment]
5 years, 6 months ago

Section 313 CrPC: Inculpatory Material As Not Put To The Accused Must Be Eschewed: SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that the incriminating material that came in evidence is to be put to the accused during his examination under Section 313 of the Criminal Procedure Code.The bench comprising Justice Sanjay Kishan Kaul and Justice KM Joseph said that this is in recognition of the principles of audi alteram partem so that the accused gets a …

313 CrPC-False Explanation By Accused Can't Be Used To Complete The Chain Of Circumstances To Establish His Guilt: SC [Read Judgment]
5 years, 6 months ago

313 CrPC-False Explanation By Accused Can't Be Used To Complete The Chain Of Circumstances To Establish His Guilt: SC [Read Judgment]

Live Law  

The Supreme Court has observed that non-explanation or false explanation by an accused in his statement under Section 313 CrPC cannot be taken as a circumstance to complete the chain of circumstances to establish the guilt of the accused.However, in this case, the bench comprising Justice Deepak Gupta and BR Gavai took into account the false explanation given by the …

NI Act- Once The Presumption Under Sec.139 Is Drawn, Complainant Need Not Prove Source Of Fund Till Accused Discharges His Burden [Read Judgment]
6 years ago

NI Act- Once The Presumption Under Sec.139 Is Drawn, Complainant Need Not Prove Source Of Fund Till Accused Discharges His Burden [Read Judgment]

Live Law  

The Supreme Court has held that once the court has drawn presumption of existence of legally enforceable debt as per Section 139 of the Negotiable Instruments Act, factors like source of funds are not relevant if the accused has not been able to rebut the presumption. "When such a presumption is drawn, the factors relating to the want of documentary …

Section 482 CrPC: HC Should Examine Whether The Complaint Is A Civil Dispute Cloaked With Criminal Nature: SC [Read Judgment]
6 years, 1 month ago

Section 482 CrPC: HC Should Examine Whether The Complaint Is A Civil Dispute Cloaked With Criminal Nature: SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that a High Court, while exercising jurisdiction under 482 of the Code of Criminal Procedure, can examine whether a matter which is essentially of a civil nature has been given a cloak of a criminal offence Where the ingredients required to constitute a criminal offence are not made out from a bare reading of the …

Accused Who Did Not Appear On The Date Of Judgment Not Entitled To Seek Judgment Copy As Of Right: SC
6 years, 1 month ago

Accused Who Did Not Appear On The Date Of Judgment Not Entitled To Seek Judgment Copy As Of Right: SC

Live Law  

The Supreme Court has observed that, an accused who did not appear before the Court on the date of judgment cannot as of right seek for supply of the copy of the judgment. Section 363 of the Code of Criminal Procedure provides that on being convicted, the accused is entitled to a copy of the judgment free of cost. entitling …

Courts Have To Adequately Consider Defence Of The Accused U/s 313 CrPC; Non-Consideration Can Vitiate Conviction: SC [Read Judgment]
6 years, 4 months ago

Courts Have To Adequately Consider Defence Of The Accused U/s 313 CrPC; Non-Consideration Can Vitiate Conviction: SC [Read Judgment]

Live Law  

cannot be seen simply as a part of audi alteram partem, rather it confers a valuable right upon an accused to establish his innocence.’The Supreme Court has held that if there has been no consideration at all of the defence taken by the accused under Section 313 of the Code of Criminal Procedure, the conviction can stand vitiated.The bench comprising …

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