VidhiSangh

Supreme Court of India · 07/08/2024

SRI DATTATRAYA versus SHARANAPPA

[2024] 8 S.C.R. 121 · 2024 INSC 586

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Summary

The Supreme Court upheld concurrent findings acquitting the drawer of a dishonoured cheque under Section 138 of the NI Act. The complainant contradicted himself on when and why the cheque was given, could not say when the loan was advanced, had not shown the loan in his income tax returns, and could not explain how a cheque the accused said he gave to a third person reached him. The Court held that the accused had rebutted the Section 139 presumption on a preponderance of probabilities and that no perversity justified interfering with the acquittal.

Issues

  1. Whether the accused rebutted the presumption under Section 139 of the NI Act, despite admitting his signature on the cheque.
  2. When the Supreme Court will interfere with concurrent findings of acquittal.

Provisions considered

Held

Result

Appeal dismissed; the High Court's judgment affirming the acquittal of the respondent under Section 138 of the NI Act upheld.

Judgment PDF: Supreme Court of India, [2024] 8 S.C.R. 121.