S.138, NI Act, 1881 : Supreme Court Explains the Provision

 S.138, NI Act, 1881 : Supreme Court Explains the Provision

An important Judgment has been passed by Hon'ble Supreme Court on 11 July 2001. 

In the context of Negotiable Instruments Act, 1881, it has been commented at page 6 of Hiten P. Dalal v Bratindranath P. Banerjee [2001] GCtR 2791 (SC) thus : - 

"Presumptions are rules of evidence and do not conflict with the presumption of innocence, because by the latter all that is meant is that the prosecution is obliged to prove the case against the accused beyond reasonable doubt. The obligation on the prosecution may be discharged with the help of presumptions of law or fact unless the accused adduces evidence showing the reasonable possibility of the non-existence of the presumed fact."

Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost (without any charges except internet data) from the official website at the link 

 https://main.sci.gov.in/judgments

Then entering the date of Judgment, for example, as  11 July 2001.

Written by 

Vishal

Delhi

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