Presumption of innocence of accused - Cannot be applied to offence u/S. 138 - Presumption in favour of holder - All basic ingredients of Ss. 138, 118 and 139 are apparent on face of record - defence that transaction with third party not proved.

Citation

AIR 2019 SUPREME COURT 1876

2019(2) MWN (cr) DCC 26

AIR online 2019 SC 915

2019 CRLJ 2400

SUPREME COURT

(From: Gujarat)

ABHAY MANOHAR SAPRE , J. and DINESH MAHESHWARI , J.

Criminal Appeal No. 508 of 2019 (Arising out of SLP (Crl.) No. 1883 of 2018), D/- 15 - 3 - 2019

Rohitbhai Jivanlal Patel v. State of Gujarat and Anr.

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

presumption of innocence of accused - Cannot be applied with same rigour to offence u/S. 138,

particularly where presumption is drawn that holder received the cheque for discharge, the

debt or liability.

Ordinarily,