Rebuttal Of Presumption U/s 139 NI Act Can Only Be Done After Adducing Evidence: SC [Read Order]
5 years, 1 month 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 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. This, by itself clearly reflects that the rebuttal presumption cannot be looked into at the stage of the Court taking cognizance of the offence and registering the case all that Court would have to see is whether there is a prima facie case made out meeting the conditions precedent as envisaged under Section 138 of NI Act, which in the instant case, in the opinion of this Court, the Respondent has in fact been able to establish and fulfill all such ingredients.

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History of this topic

Principles To Be Followed By Appellate Courts In Deciding Appeals From Acquittal : Supreme Court Explains
1 year, 1 month ago

Principles To Be Followed By Appellate Courts In Deciding Appeals From Acquittal : Supreme Court Explains

Live Law  

Recently, the Supreme Court observed that if the appreciation of evidence leads to two possible views, then the decision of the Trial Court acquitting the accused could not be reversed by the Appellate Court merely because there exists another view that led to the conviction of the accused.According to the court, if the appreciation of evidence leads to two possible …

High Court In An Appeal U/Sec 374(2) CrPC Has To Independently Evaluate Entirety Of Evidence: Supreme Court
3 years, 4 months ago

High Court In An Appeal U/Sec 374(2) CrPC Has To Independently Evaluate Entirety Of Evidence: Supreme Court

Live Law  

The Supreme Court reiterated that a High Court in a criminal appeal under Section 374 of Code of Criminal Procedure is duty bound to consider the entirety of the evidence. In the exercise of its appellate jurisdiction, the High Court was required to evaluate the evidence on the record independently and to arrive at its own findings as regards the …

High Court Shall Apply Its Mind To The Entirety Of The Case While Deciding A Criminal Appeal, Reiterates Supreme Court
3 years, 10 months ago

High Court Shall Apply Its Mind To The Entirety Of The Case While Deciding A Criminal Appeal, Reiterates Supreme Court

Live Law  

While deciding a criminal appeal on merits, the High Court is required to apply its mind to the entirety of the case including the evidence on the record before arriving at its conclusion, the Supreme Court reiterated.The bench of Justices DY Chandrachud and MR Shah observed thus while allowing an appeal against an Allahabad High Court judgment which reversed the …

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. …

Section 173(8) CrPC: Courts Not Obliged To Hear Accused While Considering Plea For Further Investigation: SC [Read Judgment]
5 years ago

Section 173(8) CrPC: Courts Not Obliged To Hear Accused While Considering Plea For Further Investigation: SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that a court is not obliged to hear the accused before any direction for further investigation is made under Section 173 of the Code of Criminal Procedure. In the appeal before the Apex Court, the issue raised was whether the appellant, who is one of the co-accused against whom the charge-sheet is already filed and …

Evidence Adduced To Raise Presumption U/s 139 NI Act Can't Be Discarded Merely On The Ground That There Is No Such Averment In Complaint: SC [Read Judgment]
5 years, 7 months ago

Evidence Adduced To Raise Presumption U/s 139 NI Act Can't Be Discarded Merely On The Ground That There Is No Such Averment In Complaint: SC [Read Judgment]

Live Law  

The Supreme Court has observed that evidence adduced by the Complainant in a Cheque bounce case to raise statutory presumption under Section 139 cannot be discarded merely on the ground that there were no such averments in the complaint.In M/S Shree Daneshwari Traders vs. Sanjay Jain, both the Trial Court and the High Court disbelieved the. The Supreme Court has …

HC Cannot Reverse Acquittal Without Affording Opportunity Of Hearing To Accused Or By Appointing An Amicus Curiae: SC [Read Judgment]
5 years, 8 months ago

HC Cannot Reverse Acquittal Without Affording Opportunity Of Hearing To Accused Or By Appointing An Amicus Curiae: SC [Read Judgment]

Live Law  

The Supreme Court has observed, the High Court, in a criminal appeal, cannot reverse the acquittal without affording any opportunity of hearing to the accused or by appointing an amicus curiae to argue the matter on his behalf if he does not enter appearance.The bench comprising Justice R. Banumathi and Justice AS Bopanna found favour with the contention that, in …

NI Act : Test Of Proportionality Must Guide In Determining If Presumption Under Sec.139 Was Rebutted [Read Judgment]
6 years ago

NI Act : Test Of Proportionality Must Guide In Determining If Presumption Under Sec.139 Was Rebutted [Read Judgment]

Live Law  

Finding that the presumption under Section 139 of the Negotiable Instruments Act regarding the existence of legally enforceable debt was rebutted, the Supreme Court acquitted an accused in a case filed under Section 138 NI Act. The standard of proof for rebuttal of the presumption under Section 139 of the Act is guided by a preponderance of probabilities", observed the …

Writing 50 pages order for dismissing Appeal in limine by High Court, itself shows there are arguable points: SC [Read Judgment]
8 years, 8 months ago

Writing 50 pages order for dismissing Appeal in limine by High Court, itself shows there are arguable points: SC [Read Judgment]

Live Law  

Supreme Court of India has re-iterated that a right to file first appeal against the decree under Section 96 of the Civil Procedure Code is a valuable legal right of the litigant. The Bench was hearing an Appeal filed by Union of India against the final judgment of High Court of Karnataka whereby the High Court dismissed the appeal filed …

High Court cannot reverse a Judgment without formulating a substantial 'Question of Law' in a Second Appeal; SC [Read Judgment]
9 years, 4 months ago

High Court cannot reverse a Judgment without formulating a substantial 'Question of Law' in a Second Appeal; SC [Read Judgment]

Live Law  

A two Judge Bench of Supreme Court held that in no circumstances the High Court can reverse the judgment of the trial court and the first appellate court without formulating the substantial question of law and complying with the mandatory requirements of Section 100 CPC.The Bench was examining the question ‘whether the High Court was justified in passing the. A …

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