2008 (1) TMI 827 - SUPREME COURT

Whether the presumption whether stood rebutted or not?

Held that:- The courts below, as noticed hereinbefore, proceeded on the basis that Section 139 raises a presumption in regard to existence of a debt also. The courts below, in our opinion, committed a serious error in proceeding on the basis that for proving the defence the accused is required to step into the witness box and unless he does so he would not be discharging his burden.

The courts below approached the case from a wholly wrong angle, viz., wrong application of the legal principles in the fact situation of the case. In view of the legal position the High Court should have entertained the revision application. Appeal allowed. The judgments of conviction and sentence passed against the appellant are set aside.