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K. Subramani v. K. Damodara Naidu

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 2402 of 2014)Decided 13 Nov 2014
Criminal Appeal No. 2402 of 2014
Justice V. Gopala Gowda · Justice C. Nagappan

Background

One government-college lecturer alleged that another had borrowed ₹14 lakh in cash and later issued a cheque covering principal and accumulating interest. The trial court acquitted the accused after assessing evidence that undermined the alleged loan and the complainant's claimed source of funds. The High Court grouped this case with others and ordered retrials on its understanding of the statutory presumption.

Decision Breakdown

The Supreme Court allowed Subramani's appeal and restored his acquittal. It reaffirmed that section 139 of the Negotiable Instruments Act presumes a legally enforceable debt, but that the accused can rebut that presumption. The High Court had answered common legal questions without examining this case's distinct evidence. Missing evidence of the claimed property-sale proceeds, absence of supporting bank records and contrary testimony supported the trial court's conclusion that the alleged debt was not proved. The remand therefore could not stand.

Lesson Learnt

A cheque carries a rebuttable presumption of debt, but the evidence in each case still matters. Credible challenges to the claimed loan and its funding cannot be bypassed by sending several factually different acquittals back for retrial together.

Official source (sci.gov.in)View Judgment (PDF)

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