AIR 2023 SC (Cri) 263 ::AIROnline 2023 SC 27

Supreme Court Of India

Hon'ble Judge(s): B. R. Gavai, M. M. Sundresh , JJ

(A) Negotiable Instruments Act (26 of 1881) , S.138, S.139, S.118— Dishonour of cheque - Conviction for the offence of - Challenge against - Complainant alleged that cheques issued by accused for repayment of amount lent by complainant were dishonoured - Income Tax Returns of complainant did not disclose that he lent amount to accused and the declared income was not sufficient to give loan of stated sum - Case of complainant that he had given a loan to accused from his agricultural income was found to be unbelievable - Complainant had failed to produce promissory note alleged to have been executed by accused - Accused had rebutted presumption on basis of evidence of defence witnesses and attending circumstances - Defence was found to be possible defence - Defence raised by accused satisfied standard of "preponderance of probability" - Accused was entitled to benefit of doubt - Decision of High Court, reversing order of acquittal was erroneous. AIR 2019 SC 1876-Distinguished (Para 20 21 25 27) (C) Civil P.C. (5 of 1908) , O.7 R.2— Recovery of money - Decree for - Challenge regarding - Case of plaintiff that amount was lent to the defendant on the basis of promissory note b....