SANJABIJ TARI versus KISHORE S. BORCAR & ANR.

SANJABIJ TARI versus KISHORE S. BORCAR & ANR.

The Supreme Court held that once the execution of the cheque was admitted the statutory presumptions under Sections 118 and 139 of the NI Act arose; the respondent-accused failed to rebut those presumptions and did not produce independent evidence of the complainant's financial incapacity nor reply to the statutory notice; the High Court in revisional jurisdiction erred in upsetting concurrent factual findings of the Trial and Sessions Courts; the High Court's acceptance of the 'signed blank cheque for bank loan' defence was unbelievable; accordingly the High Court order dated 16.04.2009 was set aside, the Trial and Sessions Court judgments were restored and the respondent was directed to...

Parties
Appellant Complainant: Sanjabij Tari; Respondent Accused: Kishore S. Borcar
Jurisdiction
India
Judgment Date
25 September 2025
Procedural Posture
Criminal Appeal / Appeal From High Court Decision; Supreme Court Judgment
Outcome
Appeal allowed
Legal Topics
Section 138 NI Act, Presumptions Under Sections 118 and 139 NI Act, Compounding of Offences Under NI Act, Service of Summons and Procedural Directions, Effect of Section 269 SS Income Tax Act on NI Act Presumptions
Negotiable Instruments Act, 1881 Criminal Law Commercial and Banking Law Criminal Procedure Section 138 NI Act Presumptions Under Sections 118 and 139 NI Act Compounding of Offences Under NI Act Service of Summons and Procedural Directions +1 more

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Parties

Sanjabij Tari

Appellant Complainant

Kishore S. Borcar

Respondent Accused

Procedural Posture

Criminal Appeal / Appeal From High Court Decision; Supreme Court Judgment

Legal Issues

  1. 1 Whether the High Court in revisional jurisdiction could acquit accused under Section 138 NI Act despite concurrent findings by Trial and Sessions Courts
  2. 2 Whether the presumptions under Sections 118 and 139 of the NI Act arise once the execution of the cheque is admitted
  3. 3 Whether breach of Section 269SS of the Income Tax Act renders a transaction not a 'legally enforceable debt' for purposes of Section 138 NI Act

Ratio Decidendi

The Supreme Court held that once the execution of the cheque was admitted the statutory presumptions under Sections 118 and 139 of the NI Act arose; the respondent-accused failed to rebut those presumptions and did not produce independent evidence of the complainant's financial incapacity nor reply to the statutory notice; the High Court in revisional jurisdiction erred in upsetting concurrent factual findings of the Trial and Sessions Courts; the High Court's acceptance of the 'signed blank cheque for bank loan' defence was unbelievable; accordingly the High Court order dated 16.04.2009 was set aside, the Trial and Sessions Court judgments were restored and the respondent was directed to...

Court Disposition

Appeal allowed

Orders

  • Impugned High Court order dated 16.04.2009 set aside
  • Judgment and orders of the Trial Court and the Sessions Court restored