1. Leave granted in the petitions
2. In view of the express provision of Section 139 of the Negotiable Instruments Act, 1881, a presumption must be drawn that the holder of the cheque received the cheque, of the nature referred to in Section 138, for the discharge of any debit or other liability unless the contrary is proved. Therefore, the High Court was not justified in entertaining and accepting the plea of the accused-respondent at the initial stage of the proceedings and quashing the complaints filed by the appellant. We, therefore, allow these appeals, set aside the impugned orders of the High Court and direct the trial court to proceed with the complaints in accordance with law.
Maruti Udyog Limited v. Narender And Others
Maruti Udyog Limited v. Narender And Others
(Supreme Court Of India)
Criminal Appeals Nos. 706-715 of 1998 | 24-07-1998
Advocate List
- For the Appearing Parties ---
Bench
- HON'BLE MR. JUSTICE M. K. MUKHERJEE
- HON'BLE MR. JUSTICE S. S. M. QUADRI
Eq Citations
- 2001 (1) RCR (CRIMINAL) 545
- (1999) 1 SCC 113
- JT 1998 (9) SC 411
- LQ/SC/1998/671
Head Note
Negotiable Instruments Act, 1881 — Ss. 138 and 139 — Presumption under S. 139 — Held, in view of the express provision of S. 139, a presumption must be drawn that the holder of the cheque received the cheque, of the nature referred to in S. 138, for the discharge of any debit or other liability unless the contrary is proved — High Court was not justified in entertaining and accepting the plea of the accused-respondent at the initial stage of the proceedings and quashing the complaints filed by the appellant — Trial court to proceed with the complaints in accordance with law
