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2008 Supreme(SC) 54

S.B.SINHA, HARJIT SINGH BEDI
Krishna Janardhan Bhat – Appellant
Versus
Dattatraya G. Hegde – Respondent


Judgement Key Points

This judgment concerns an appeal related to a criminal case under the Negotiable Instruments Act, where the appellant was convicted for issuing a cheque that was dishonoured due to insufficient funds. The core legal issue revolves around the interpretation and application of the presumptions and burdens of proof under the relevant sections of the Act, particularly Sections 138 and 139. The court emphasized that the presumption of a legally enforceable debt and the issuance of a cheque for that debt are statutory presumptions with evidentiary value, which can be rebutted by the accused through materials already on record, without necessarily stepping into the witness box or producing additional evidence. It was highlighted that the standard of proof for the accused to disprove the presumption is preponderance of probabilities, not beyond reasonable doubt. The judgment also reaffirmed the constitutional right of an accused to silence and the different standards of proof for prosecution and defense. The court found that the lower courts had misapplied these principles, particularly in requiring the accused to prove his innocence by entering the witness box, which is not mandated by law. Given these errors, the appellate court concluded that the conviction and sentence were based on a wrong understanding of the legal principles. Consequently, the appeal was allowed, and the earlier convictions and sentences were set aside.


judgment

S.B. Sinha, J. —

1.Appellant and one R.G. Bhat were jointly running a business in the name and style of Vinaya Enterprises at Hubli together. Appellant executed a Power of Attorney in his favour.

2. Allegedly, he had handed over four blank cheques to the said constituted attorney for meeting the expenses of the business. The counter foil of the cheque books was also allegedly filled in by Shri R.G. Bhat.

The cheque bearing No. 044483 was shown to have been a self drawn one for a sum of Rs. 1500/-.

3. Disputes and differences having arisen between the appellant and the said R.G. Bhat in connection with running of the said business, the power of attorney granted in his favour was cancelled by the appellant. Disputes and differences between the parties were referred to the Panchayat. In the meeting of the Panchayat held on 02.10.1996, complainant/respondent who is the brother-in-law of the said R.G. Bhat was admittedly present. He participated therein. The result of the said meeting of the Panchayat is not known but it is not in dispute that the appellant herein issued a public notice through his advocate in a local newspaper on 3.10.1996 to the following effect:

“My client










































































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