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Supreme Court of India 2019-10-21 partly_allowed

Rahul Sudhakar Anantwar vs Shivkumar Kanhiyalal Shrivastav

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

Rahul Anantwar faced criminal charges for issuing a dishonoured cheque from a firm's account. The High Court reversed his acquittal and convicted him under Section 138 of the Negotiable Instruments Act. The Supreme Court upheld the conviction, finding the appellant failed to rebut the statutory presumption arising from the dishonoured cheque. However, the Court reduced the deposit amount the High Court had ordered, as it exceeded the cheque's face value. The appeal was partly allowed, with the excess amount to be returned to the appellant with interest.

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Negotiable Instruments Criminal Law Cheque Dishonour Statutory Presumption

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