Defence of accused that 10 cheques issued towards repayment of loan back in 1995 - Accused admitting his signature on cheques and pronote,presumption under S. 139 would operate against him - Conviction proper.

Citation

AIR 2018 SUPREME COURT 3601

SUPREME COURT

(From: Madras)*

R. F. NARIMAN , J. and MS . INDU MALHOTRA , J.

Criminal Appeal No(s). 950-951 of 2018 (arising out of SLP (Crl.) Nos. 10111-10112 of 2014), D/- 31 - 7 - 2018

T P. Murugan (Dead) Thr. Lrs v. Bojan Posa Nandhi Rep. Thr. POA Holder, T. P. Murugan v. Bojan

Negotiable Instruments Act (26 of 1881), S.118, S.138, S.139 - Dishonour of cheque - Presumption as to enforceable debt - Cheques allegedly issued by accused towards repayment

of debt - Defence of accused that 10 cheques issued towards repayment of loan back in 1995

- Behaviour of accused in allegedly issuing 10 blank cheques back in 1995 and never asking

their return for 7 years, unnatural - Accused admitting his signature on cheques and pronote,

presumption under S. 139 would operate against him - Complainant proving existence of legally

enforceable debt and issuance of cheques towards discharge of such debt - Conviction, proper.

Cri.R. Case Nos. 1657 and 1658 of 2008, D/- 27-09-2013 (Mad), Reversed.

 (Paras 8 , 9) 

Cases Referred Chronological Paras

AIR 2015 SC 2240 : 2015 AIR SCW 3040 6

AIR 2010 SC 1898 : 2010 AIR SCW 2946 6, 

AIR 2001 SC 2895 : 2001 AIR SCW 4344 6, 

Mrs. V. Mohana, Sr. Adv., Ms. Kashvi Dutta,