Legally Enforceable Debt - Is not a matter of presumption u/S.139 - Every accused presumed to be innocent until proven to be guilty - Acquittal upheld.(overruled by AIR 2010 SC 1898)

Citation

AIR 2008 SUPREME COURT 1325

2008 (4) SCC 54

2008 (1) CTC 433

SUPREME COURT

(From : Karnataka)*

SATYA BRATA SINHA , J. and H. S. BEDI , J.

Criminal Appeal No. 518 of 2006, D/- 11 - 1 - 2008

Krishna Janardhan Bhat v. Dattatraya G. Hegde

(A)Negotiable Instruments Act (26 of 1881), S.139 - Presumption under - S.139 merely raises

presumption in favour of holder of cheque that same has been issued for discharge of any debt

or other liability - Existence of legally recoverable debt - Is not a matter of presumption u/S.139.

 (Para 21) 

(B)Negotiable Instruments Act (26 of 1881), S.138, S.139 - Dishonour of cheque - Defence -

Proof - Accused not required to step into witness-box - He may discharge his burden on basis

of materials already brought on record - Question whether statutory presumption rebutted or

not - Must be determined in view of other evidences on record. Cri. R.P. No. 1470 of 2004, D/-

22-6-2005 (Kar), Reversed.

In case of dishonour of cheque it cannot be said that for proving the defence the accused is required

to step into the witness-box and unless he does so he would not be discharging his burden.

 (Paras 22 , 29 , 35)