VidhiSangh

Supreme Court of India · 09/10/2023

RAJESH JAIN versus AJAY SINGH

[2023] 13 S.C.R. 788 · 2023 INSC 888

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Summary

The Supreme Court reversed concurrent acquittals in a cheque-dishonour case because the courts had misapplied the statutory presumption. The admitted signature triggered the presumption of enforceable debt; the accused’s contradictory suggestions and explanations did not rebut it on a balance of probabilities. The courts wrongly required independent proof from the complainant before establishing rebuttal. The accused was convicted and fined twice the cheque amount.

Issues

  1. When the statutory debt presumption arises and how the accused may rebut it.
  2. Whether the lower courts correctly assessed the evidential burden and the defence.
  3. Whether concurrent acquittals warranted interference.

Provisions considered

Held

Result

Appeal allowed; acquittals displaced and respondent convicted under Section 138. Fine of Rs 13,90,408, twice the cheque amount, imposed; in default, one year’s simple imprisonment.

Judgment PDF: Supreme Court of India, [2023] 13 S.C.R. 788.