Sri Gopalaiah vs K. Manjunath on 16 July, 2026

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    Sri Gopalaiah vs K. Manjunath on 16 July, 2026

                                               IN THE SUPREME COURT OF INDIA
                                              CRIMINAL APPELLATE JURISDICTION
    
                                                 CRIMINAL APPEAL NO.583/2016
    
                    SRI GOPALAIAH                                                                     APPELLANT(S)
    
                                                                   VERSUS
                    K. MANJUNATH                                                                     RESPONDENT(S)
    
                                                                 O R D E R
    

    1. Heard learned counsel for the parties.

    2. This appeal is directed against the judgment and order

    SPONSORED

    of remand passed by the High Court1 dated 10.10.2013

    in Criminal Appeal No.228 of 20092.

    3. The appellant was prosecuted for an offence punishable

    under Section 138 of the Negotiable Instruments Act,

    18813 on account of dishonor of two cheques drawn on

    Vijaya Bank, Vidyanagar Branch. One cheque was of

    Rs.8,00,000/- (Rupees Eight lakhs) and the other was

    of Rs.50,000/- (Rupees Fifty Thousand). Both cheques

    returned unpaid with endorsement ‘insufficient funds’

    in the account. The complainant served the requisite

    notice of demand on the accused. Despite service of

    notice, the requisite amount was not paid. As a

    result, the respondent filed a complaint.

    4. The defense of the accused-appellant was that though
    1 1
    Signature Not Verified High Court of Karnataka at Bangalore
    2 2
    Digitally signed by
    KAVITA PAHUJA
    Criminal Appeal No.228 of 2009 : K. Manjunath vs. Sri Gopalaiah
    3
    Date: 2026.07.17 3
    18:01:55 IST
    Reason:

    N.I. Act

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    the two cheques bore the signature of the drawer,

    those were delivered to one Srinivas. One was a blank

    cheque given by way of security for return of

    Rs.50,000/- taken from Srinivas, and the other was a

    cheque of Rs.50,000/- issued to return the money taken

    from him. It was the case of the appellant that those

    cheques were passed on by Srinivas to the complainant

    who misused the same.

    5. The complainant besides appearing as a witness

    produced the relevant documents to indicate that the

    necessary ingredients of the offence punishable under

    Section 138 of N.I. Act were satisfied. However, the

    Trial Court acquitted the appellant by holding that

    except oral evidence, no documentary evidence was

    produced to show that the complainant had advanced

    Rs.8.50 lacs to the accused, particularly when Section

    269SS of Income Tax Act proscribes receipt of loan of

    amount exceeding Rs.20,000/- by cash. It, accordingly,

    concluded that the complainant failed to prove

    existence of a legally enforceable debt. Apart from

    above, the Trial Court observed that the accused

    already had funds therefore needed no money.

    6. Aggrieved by the order of the Trial Court, the

    complainant went in appeal. The High Court clubbed

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    multiple appeals including the appeal of the

    respondent herein (i.e., Criminal Appeal No.228 of

    2009) and decided them by a common judgment and order

    dated 10.10.2013. Paragraph 17 of the impugned

    judgment which deals with the appeal of the respondent

    is extracted below:

    “17. Regarding Crl.A. No.228/09:
    This appeal is directed against the
    judgment in C.C. No.417/2006 dated
    12.02.2009 on the file of the
    Addl.Civil Judge (Jr.Dn.)
    Devanahalli acquitting the
    respondent/accused Gopalaiah of the
    offence punishable under section 138
    of the N.I. Act. Records reveal the
    complainant sought prosecution of
    the respondent on the allegation
    that the accused had approached him
    for loan of Rs.8,50,000/- in the
    month of November 2005 promising to
    repay the same with interest within
    three months. After expiry of the
    period, when the complainant
    approached the accused, he
    voluntarily, issued impugned cheques
    on 13.02.2006 for Rs.8,00,000/- and
    Rs.50,000/- respectively. Cheques on
    presentation were dishonored for
    insufficiency of funds by the bank
    on 25.02.2006 through its intimation
    served on 09.03.2006. The
    complainant issued statutory notice
    about the dishonor of the cheque
    which the accused received but
    failed to pay the amount instead the
    accused issued a reply notice on
    23.03.2006 contending he has not
    availed loan from the complainant.

    He took up specific plea that the
    complainant is a stranger to him.
    He (accused) had issued two cheques

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    to one Srinivas. Srinivas misused
    the cheque and without authority
    passed on to the complainant.

    Therefore, he denied the liability
    to pay the amount to the
    complainant. In the trial, that
    ensued, the complainant tendered
    evidence as PW1 and examined two
    witnesses K.B. Shankar as PW2 and
    Raghavendrachar as P.W.3 and relied
    on impugned cheques C1, C2, the bank
    endorsements C3, notice copies C4
    and C5 reply notice sent by the
    accused C8. The accused tendered
    evidence as DW1 and examined one
    witness as DW2. He relied on D1
    sale deed and passbook D2. The
    learned trial Judge analyzing the
    evidence opined that even though the
    complainant has tendered evidence as
    PW1 supporting his contention that
    he lent money to the accused and
    examined the manager of the bank –
    as PW2 and 3. The defense of the
    accused that he had issued cheque to
    Srinivas and not to the complainant
    for Rs.80,000/- in the month of
    April 2005 has not been rebutted by
    the complainant. The learned trial
    Judge also noticed from the evidence
    of the accused that the accused had
    sufficient money with him because he
    and his brother had entered into an
    agreement of sale of their immovable
    property and received Rs.7,50,000/-
    on 24.10.2005. The accused had
    further received Rs.16,00,000/- in
    the month of January 2006 as seen
    from D1 and D2. Thus, the learned
    trial Judge has opined since the
    accused had sufficient money with
    him at the relevant period the
    burden had shifted on the
    complainant to establish that the
    accused had borrowed money. In para
    10 of his judgment the trial judge
    has opined that the complainant has

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    tended ocular evidence regarding
    payment of Rs.8,50,000/- to the
    accused without any document. The
    complainant has not discharged the
    burden of proof. The learned trial
    Judge further opined the accused has
    established he is earning
    Rs.1,50,000/- to Rs.2,00,000/- from
    agriculture and also from vending
    milk earns Rs.20000/- to 30000/-

    p.m. On that basis opined the
    accused would not have borrowed
    money from the complainant. Relying
    on the decision in the case of
    Shivamurthy vs. Anantharaju reported
    in ILR 2008 Kar. 4629 learned Judge
    has opined burden rests on the
    complainant and Complainant has
    failed to prove payment of amount,
    presumption under section 139 of the
    N.I. Act cannot be raised. On that
    basis the accused has been
    acquitted. As rightly contended by
    the appellant’s counsel the learned
    trial Judge has not analyzed the
    evidence tendered by the complainant
    to record finding as to whether or
    not the evidence establishes the
    ingredients constituting the offence
    punishable under section 138 of the
    N.I. Act”

    7. While deciding the appeal(s) the High Court framed two

    questions for it to jointly dispose of several

    appeals. Those questions were as follows:

    (a) Whether in an action under Section 138 of the

    N.I. Act for dishounour of cheque, the

    complainant is required to establish his

    financial capacity to lend money?

    (b) Will not presumption under Section 139 of the

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    N.I. Act accrues to the benefit of the

    complainant unless the accused rebuts that

    presumption?

    8. After considering the law laid down by this Court in

    several decisions including a three-Judge Bench

    decision in Rangappa versus Sri Mohan4, the High Court

    concluded that the presumption mandated by Section 139

    include the existence of a legally enforceable debt or

    liability and to raise that presumption, the N.I. Act

    nowhere requires that complaint must contain averments

    about proof of capacity of the lender. Besides above,

    the High Court observed that Section 269SS refers to

    the recipient of money and not the lender.

    9. Based on the above conclusions, the High Court

    remanded the matter for the Trial Court to decide it

    afresh after considering the evidence brought on

    record.

    10. Aggrieved by the order of remand, on behalf of the

    appellant it is submitted that the High Court failed

    to consider that there was no good reason for the

    appellant to borrow money when he had proved that he

    was possessed of sufficient funds for having sold a

    parcel of land. It has also been submitted that

    4 4
    (2010) 11 SCC 441

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    presumption under Section 139 of the N.I. Act is a

    rebuttal presumption. As there was no need to borrow,

    and no documentary evidence of any loan transaction

    was produced, the accused by denial of receipt of loan

    had rebutted the presumption, therefore, there was no

    justification to interfere with the order of acquittal

    passed by the Trial Court.

    11. Per contra, on behalf of the complainant – respondent

    it has been submitted that the stand taken by the

    accused was not consistent. Before the Trial Court the

    stand taken by the accused was to the effect that the

    cheque was issued to Srinivas in lieu of hand loan of

    Rs.50,000/- taken by the accused; and, on 29th October

    2005, Srinivas’ loan was returned but he did not

    return the cheque by stating that they got misplaced,

    later, he handed over the cheques to the complainant,

    who misused the same. The stand in the reply to the

    notice of demand was different. There it was stated

    that blank cheques, without signing, were handed over

    to Srinivas to negotiate a property. In such

    circumstances, the statutory presumption was not

    rebutted as the same could only be by leading cogent

    and reliable evidence. It was submitted that once it

    is proved that the cheque was drawn, and it returned

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    unpaid on account of insufficient funds in the

    account, the burden to prove that the cheque was not

    issued to discharge a legally enforceable debt lies on

    the drawer. Such presumption arises not only under

    Section 139 of the N.I. Act but also under Section 118

    (a) of the Act. In that light it was submitted that

    since the trial court proceeded by wrongly putting the

    burden on the complainant to prove legally enforceable

    debt, the High Court was justified in remanding the

    matter to the trial court for a fresh consideration.

    12. We have accorded due consideration to the rival

    submissions and have perused the materials on record.

    13. As the order passed by the High Court is one of

    remand, it would not be appropriate for us to

    appreciate evidence and thereby express opinion on the

    merits of the case. Suffice to state that once the

    execution of the cheque is admitted, the presumption

    under Section 118 (a)5 of the NI Act, that the cheque

    in question was drawn for consideration, and the

    presumption under Section 1396, that the holder of the

    5 5
    Section 118. Presumptions as to negotiable instruments.-
    Until the contrary is proved, the following presumptions shall be made:-

    (a) of consideration – that every negotiable instrument was made or drawn
    for consideration, and that every such instrument, when it has been accepted,
    endorsed, negotiated or transferred, was accepted, endorsed, negotiated or
    transferred for consideration.

    6 6
    Section 139. Presumption in favour of holder:-

    8

    cheque received the said cheque in discharge of a

    legally enforceable debt or liability, arise against

    the accused. Further, any breach of Section 269SS of

    the Income Tax Act, 1961 is subject to a penalty under

    the provisions of that Act i.e., Section 271D. Neither

    Section 269SS nor Section 271 D of the Income Tax Act,

    states that any transaction in breach thereof will be

    illegal, invalid or statutorily void. Therefore, any

    violation of Section 269SS would not render the

    transaction unenforceable under Section 138 of the

    N.I. Act or rebut the presumptions under sections 118

    and 139 of the N.I. Act, because such a person,

    assuming him/her to be the payee/ holder in due

    course, is liable to be visited by a penalty only as

    prescribed. Consequently, the view that any

    transaction in cash above Rs. 20,000 is illegal and

    void and therefore does not fall within the definition

    of legally enforceable debt cannot be countenanced7.

    14. No doubt, the presumption under Section 139 of the

    N.I. Act is rebuttable but mere denial is not

    sufficient to rebut the presumption. To rebut such

    It shall be presumed, unless the contrary is proved, that the holder of a cheque
    received the cheque of the nature referred to in section 138 for the discharge, in
    whole or in part, of any debt or other liability.

    7 7
    See: 2025 SCC OnLine SC 2069: Sanjabi Tari v. Kishore S. Borcar & Anr.,
    para 20

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    presumption the accused, inter alia, would have to

    explain the circumstances in which the cheque in

    question came to be issued and as to how it came to be

    with the payee thereof. Circumstance that the payee

    had no funds to create a legally enforceable debt of

    the amount equivalent to the cheque is a circumstance,

    if proved, which may help in dislodging the

    presumption.

    15. In the instant case, it appears, the complainant had

    led evidence to show his capacity to lend. However,

    the trial court did not properly consider the evidence

    on record.

    16. In such circumstances, we are of the view that the

    High Court committed no error in remanding the matter

    to the Trial Court. The appeal is, therefore,

    dismissed. The Trial Court shall proceed expeditiously

    bearing in mind that this complaint relates to the

    year 2006.

    17. All pending applications shall stand disposed of.

    ……………………………………………………J
    [MANOJ MISRA]
    ……………………………………………………J
    [VIJAY BISHNOI]
    NEW DELHI
    JULY 16, 2026

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    ITEM NO.103 COURT NO.11 SECTION II-E

    S U P R E M E C O U R T O F I N D I A
    RECORD OF PROCEEDINGS

    CRIMINAL APPEAL NO(S). 583/2016

    SRI GOPALAIAH Appellant(s)

    VERSUS
    K. MANJUNATH Respondent(s)

    Date : 16-07-2026 This matter was called on for hearing
    today.

    CORAM :

    HON’BLE MR. JUSTICE MANOJ MISRA
    HON’BLE MR. JUSTICE VIJAY BISHNOI

    For Appellant(s) : Mr. Anand Sanjay M Nuli, Sr. Adv.

    Mr. Ashritsai Torgal, Adv.

    Mr. Abhishekh Singh, Adv.

    M/S. Nuli & Nuli, AOR

    For Respondent(s) :Mr. Rahul Sharma, Adv.

    Mr. S. Santanam Swaminadhan, Adv.

    Ms. Aarthi Rajan, AOR
    Ms. Abhilasha Shrawat, Adv.

    Mr. Kartik Malhotra, Adv.

    Mr. Aman Rawat, Adv.

    UPON hearing the counsel the Court made the following
    O R D E R

    1. The appeal is dismissed in terms of the signed order
    which is placed on the file.

    2. Pending application(s), if any, shall stand disposed
    of.

       (KAVITA PAHUJA)                              (SAPNA BANSAL)
    ASTT. REGISTRAR-cum-PS                        COURT MASTER (NSH)
    
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