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Supreme Court of India

Rohitbhai Jivanlal Patel v. State of Gujarat & Anr.

Neutral citation
Bench Abhay Manohar Sapre and Dinesh Maheshwari JJ.
Decided 15 March 2019

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

6 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the considered view that the Trial Court appears to have proceeded on a misplaced assumption that by mere denial or mere creation of doubt, the appellant had successfully rebutted the presumption as envisaged by Section 139 of the NI Act.

Judgment, page 26

From the headnote

Negotiable Instruments Act, 1881 – ss. 118, 138 and 139 – Presumption u/ss. 118 and 139 – 7 cheques of Rs. 3 Lakhs each, drawn by the accused-appellant in favour of the complainant- respondent no.2 – Dishonoured – Trial Court dismissed the 7 complaints cases filed by respondent no. 2 – High Court set aside the said orders and convicted the appellant for the offence u/s.138 – On appeal, held: Appellant could not deny his signature on the cheques in question – Said cheques were presented to the Bank concerned within the period of their validity and were returned unpaid for insufficient funds or…

Authorities it was built on

Where later benches applied it

Of those, 2 referred to · 4 mentioned

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