In Brief
Uttam Ram's appeal challenged the acquittal of Devinder Singh Hudan in a cheque dishonour case under Section 138 of the Negotiable Instruments Act. The trial court and high court had acquitted the respondent. The Supreme Court found both courts' approach to be perverse and irrational, particularly in their failure to properly apply the statutory presumption of consideration that automatically arises when a cheque is dishonoured. The Court held that their conclusions were legally unsustainable and allowed the appeal, setting aside the acquittal.
The lawyer headnote and full judgment text are available to registered users.