Presumption under Negotiable Instruments Act, 1881 and Principles underlining the exercise of power to adjudicate a challenge against acquittal bolstered by concurrent findings – Sri Dattatraya Vs. Sharanappa – Supreme Court
This judgment covers:
A. Proceedings under Section 138 of the NI Act 1881 can be initiated even if the cheque was originally issued as security
B. Essential conditions under Section 138 of the NI Act, 1881
C. Cause of action
D.1 Presumption under Section 118 of NI Act
D.2 Presumption under Section 139 of NI Act
D.3 A reverse onus clause
D.4 Conclusion: Presumption under NI Act
D.5 Adducing evidence for rebuttal of the statutory presumption
E. Broad Principles: Adjudicate a challenge against concurrent findings
