S.B.SINHA, P.P.NAOLEKAR
M. S. Narayana Menon @ Mani – Appellant
Versus
State Of Kerala – Respondent
Certainly. Based on the provided legal document, the key points are as follows:
To rebut the presumption under Section 139 of the Negotiable Instruments Act, it is sufficient to raise a probable defense. The standard of proof is the preponderance of probabilities, and evidence on behalf of the complainant can be relied upon for this purpose (!) .
The presumption under Section 118(a) of the Act is that every negotiable instrument is made or drawn for consideration, unless proven otherwise. The burden of proof initially lies on the defendant to show that the consideration does not exist or is improbable, but this burden can be discharged by raising a probable defense based on circumstantial or direct evidence (!) (!) (!) .
Once the defendant discharges the initial burden, the burden shifts back to the plaintiff to prove the existence of consideration beyond a reasonable doubt. The standard of proof remains preponderance of probabilities, and the court may draw inferences from the circumstances and evidence presented (!) (!) (!) .
In cases involving stock exchange transactions, the parties rely heavily on books of accounts and official records. Discrepancies or the failure to produce statutory books can undermine the probative value of the accounts presented by the complainant. The absence of proper maintained books and unexplained discrepancies can lead to the conclusion that the accounts are unreliable (!) (!) (!) (!) .
The explanation offered by the accused, such as issuing a cheque as security or for a purpose other than discharging a debt, can be considered probable if supported by credible evidence and consistent with business practices. Such explanations can negate the presumption that the cheque was issued in discharge of a debt (!) .
When two plausible views exist based on the evidence, appellate courts should refrain from interfering with the findings of the lower courts, especially when the findings are based on appreciation of evidence and credibility assessments (!) (!) .
The high court's review of the facts must be careful to avoid substituting its own view unless the lower court's findings are manifestly unreasonable or based on incorrect record. Reversal of findings requires clear and cogent reasons, particularly regarding discrepancies or credibility issues (!) (!) .
The burden of proof in criminal cases related to dishonor of cheques is on the prosecution, but once the initial presumption is raised, the accused can rebut it by showing that the probability of non-existence of consideration is high. The court must evaluate whether the defense has successfully raised such a probable defense (!) (!) .
The legal presumption is an evidentiary tool, and it does not shift the burden of proof to the accused beyond the initial stage. It remains open for the accused to produce evidence that makes the non-existence of consideration reasonably probable, which can lead to the presumption being rebutted (!) (!) .
Overall, the case emphasizes that in cases of dishonored cheques, the defendant's credible and probable explanations, supported by business practices and proper evidence, can effectively rebut the presumption of consideration and discharge the initial burden, leading to an acquittal if the prosecution fails to prove its case beyond a reasonable doubt.
JUDGMENT
S.B. Sinha, J. — The Second Respondent was a member of the Cochin Stock Exchange. The Appellant used to carry on transactions in shares through the Second Respondent in the said Stock Exchange. They have been on business terms for some time. A complaint petition was filed on 19.11.1992 by the Second Respondent herein against the Appellant purported to be for commission of an offence under Section 138 of the Negotiable Instruments Act (for short "the Act"), on the following allegations:
2. The Second Respondent had been carrying on business of stock and share brokers under the name and style of "Midhu and Midhuns Co.". It is a sole proprietory concern. The Appellant also used to do transactions in shares through him in his capacity as a share broker. It has not been disputed that the Appellant had closed the account and, thus, when the cheque in question being dated 31.7.1992 (Ex. P-1) drawn on Ernakulam Banerji Road branch of the Syndicate Bank, was presented for encashment by the complainant through his bankers, namely, the Cochin Stock Exchange Extension Counter of the Syndicate Bank, it was returned on 4.8.1982 with the remarks "account closed".
3. Allegedly, a sum of Rs
G.Vasu v. Syed Yaseen Sifuddin Quadri
Bharat Barrel and Drum Manufacturing Company v. Amin Chand Payrelal
Hiten P. Dalal v. Bratindranath Banerjee
Goaplast (P) Ltd. v. Chico Ursula DSouza and Another
Harbhajan Singh v. State of Punjab and another
V.D.Jhingan v. State of Uttar Pradesh
Kundan Lal Rallaram v. Custodian, Evacuee Property, Bombay
Kali Ram v. State of Himachal Pradesh
None of the listed cases explicitly indicate that they have been overruled, reversed, or treated as bad law based solely on the provided information. There are no clear statements or keywords such as "overruled," "reversed," "criticized," or "questioned" associated with any case. Therefore, based on the available data, no cases are identified as bad law.
M.S. Narayana Menon v. State of Kerala (2006) 6 SCC 39: This case appears repeatedly in references related to burden of proof, presumption, and standard of proof under Section 139 of the Negotiable Instruments Act. Its frequent citation suggests it remains authoritative and is considered good law in these contexts.
Several cases (e.g., INDKER00000416062, INDKER00000489111, INDKER00000450892, INDKER00000450798, INDKER00000452419, INDKER00000452592, INDKER00000478206, INDKER00000478208, INDKER00000483267, INDKER00000483587) discuss the standard of proof and presumption in the context of cheque dishonor and Section 139, citing the SCC 2006 case, which indicates continued reliance on and affirmation of that judgment.
00100012651 and 00200034688 discuss burden and presumption under the NI Act, referencing the same case, implying it is still considered good law.
00100003595 and 00600000463 discuss presumption and statutory provisions under the Negotiable Instruments Act, again referencing SCC 2006, indicating these principles are upheld and authoritative.
INDMAD00000353788: The case discusses burden of proof but does not specify treatment beyond the initial holding. No indication whether it has been overruled or criticized.
INDMAD00000279050: Clarifies burden of proof in cheque dishonor cases with reference to SCC 2006 but does not specify treatment beyond that.
INDKAR00000076720 and 00300053461: Discuss the burden of proof regarding the legality of the cheque; no information on subsequent treatment.
INKAR00000077403 and 00300053226: Relate to acquittal based on the nature of the transaction; treatment status is unclear.
INDER00000416062, INDER00000489111, INDER00000450892, INDER00000450798, INDER00000452419, INDER00000452592, INDER00000478206, INDER00000478208, INDER00000483267, INDER00000483587: All discuss standards of proof and presumptions citing SCC 2006, but without explicit indication of whether these cases have been reaffirmed, distinguished, or criticized in later rulings.
00100012651, 00200034688, 00100003595, 00600000463: These are procedural or interpretative notes referencing the same case without treatment indicators.
**Source :** Petitioner vs First Respondent - Madras M/S VIJAY POWER GENERATORS LTD Vs M/S TARUN ENGINEERING SYNDICATE - Delhi P.S. APPARELS (INDIA) vs ANNAPURNI HARIHARAN @ SUMATHI - Madras MR N CHANDRA REDDY vs MR T DAMODARA REDDY - Karnataka N. Chandra Reddy, S/o Chinnappa Reddy vs T.Damodara Reddy - Karnataka MR. S DHANANJAYA NAIDU vs MR J DHAMODHARA NAIDU - Karnataka S Dhananjaya Naidu S/o Venkataramana Naidu vs J Dhamodhara Naidu, S/o J Gangam Naidu - Karnataka SEBY JOHN vs K.K.SHIJU - Kerala Varghese K. P. v. I. M. Elias - Kerala K.ABDULLA vs K.K.RAVINDRAN - Kerala M.J. AUGUSTAIN vs P.A.AUGUSTINE - Kerala SARALA vs STATE OF KERALA - Kerala N.MURUGAN vs A. RADHA - Kerala MARY JOHN vs ABDUL RAHIMAN - Kerala HEMAMBIKA HIRE PURCHASE&LEASING PVT.LTD., PALAKKAD, REP. BY ITS MANAGER A. DIVAKARAN vs STATE OF KERALA - Kerala MATHEW JOHN vs SADASIVAN - Kerala SEBASTIAN JOSEPH vs A.J.THOMAS - Kerala V. D. Jhingan VS State Of U. P. - Supreme Court G. Vasu VS Syed Yaseen Sifuddin Quadri - Andhra Pradesh State Of Maharashtra VS Wasudeo Ramghandra Kaidalwar - Supreme Court Hiten P. Dalal VS Bratindranath Banerjee - Supreme Court State VS Sanjay Gandhi - Supreme Court Kali Ram VS State Of H. P. - Supreme Court Bharat Barrel And Drum Manufacture Company LTD. VS Amin Chand Payrelal - Supreme Court Kundan Lal Rallaram VS Custodian, Evacuee Property, Bombay - Supreme Court Harbhajan Singh VS State Of Punjab - Supreme Court Goaplast Pvt. Ltd. VS Shri Chico Ursula D’Souza & Anr. - Dishonour Of Cheque
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.