PRAKASHAN v. P.K. SURENDERAN

1 SCC 258Reported decision2008#5384 most cited

What is PRAKASHAN v. P.K. SURENDERAN authority for?

The presumption of a legally enforceable debt under Section 139 of the Negotiable Instruments Act is rebuttable. Once the accused establishes doubt regarding the complainant's financial capacity on a preponderance of probabilities, the burden shifts back to the complainant to prove their case beyond a reasonable doubt, including their financial capacity.

21

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2011 to 2022.

Also referred to as

K. Prakashan v. P.K. Surenderan · Section 139 NI Act · presumption · rebuttable presumption · financial capacity · preponderance of probabilities · burden of proof · cheque dishonour

Judgments citing PRAKASHAN v. P.K. SURENDERAN