VidhiSangh

Supreme Court of India · 06/02/2019

BIR SINGH versus MUKESH KUMAR

[2019] 2 S.C.R. 24 · 2019 INSC 149

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Summary

A voluntarily signed cheque attracted the rebuttable statutory presumption of discharge of debt even if its particulars were later filled by the payee. A professional fiduciary relationship alone did not remove that presumption without evidence of undue influence or coercion. The High Court wrongly reversed concurrent findings and shifted the burden to the complainant. Conviction was restored, with a fine of Rs.16 lakhs payable as compensation within eight weeks; the original one-year imprisonment would revive on default.

Issues

  1. Whether the High Court could reverse concurrent findings by treating the parties’ professional relationship and the alleged blank cheque as defeating the statutory presumption.
  2. What sentence and compensation should follow restoration of conviction.

Provisions considered

Held

Result

Appeals allowed; High Court acquittal set aside and Section 138 conviction confirmed, with the specified fine/compensation and default consequence. No costs.

Judgment PDF: Supreme Court of India, [2019] 2 S.C.R. 24.