C. KESHAVAMURTHY versus H.K. ABDUL ZABBAR

C. KESHAVAMURTHY versus H.K. ABDUL ZABBAR

Once complaint of cheque bouncing is prima facie established, the burden shifts to the accused to disprove existence of enforceable debt or liability; respondent failed to do so, thus acquittal by High Court was incorrect and conviction restored.

Parties
Appellant: C. Keshavamurthy; Respondent: H.K. Abdul Zabbar
Jurisdiction
India
Judgment Date
23 July 2013
Procedural Posture
Criminal Appeal / Supreme Court Final Decision
Outcome
Appeal allowed; High Court order set aside; conviction and sentence restored
Legal Topics
Negotiable Instruments, Cheque Dishonour, Burden of Proof
Criminal Law Negotiable Instruments Cheque Dishonour Burden of Proof

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

C. Keshavamurthy

Appellant

H.K. Abdul Zabbar

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Final Decision

Legal Issues

  1. 1 Whether the accused rebutted the presumption under Section 139 of the Negotiable Instruments Act regarding enforceable debt or liability.
  2. 2 Whether the High Court correctly acquitted the respondent based on an alleged acceptable defence.

Ratio Decidendi

Once complaint of cheque bouncing is prima facie established, the burden shifts to the accused to disprove existence of enforceable debt or liability; respondent failed to do so, thus acquittal by High Court was incorrect and conviction restored.

Court Disposition

Appeal allowed; High Court order set aside; conviction and sentence restored

Orders

  • Order of Karnataka High Court set aside
  • Order of Additional Sessions Judge restored