Rajeshbhai Muljibhai Patel & Ors. Etc. vs. State of Gujarat & Anr. Etc. (SC)

Negotiable Instruments Act, 1881–Sec. 138–Code of Criminal Procedure, 1973–Secs. 482–Quashment of proceedings–Justification–Signatures on cheques were admitted–When once the issuance of the cheque is admitted/established, the presumption u/s. 139 would arise in favour of holder of cheque–Burden lies on the accused to rebut the presumption by adducing evidence–High Court could not have quashed the proceedings merely on the ground that there was an inter se dispute between the  appellant no. 3 and respondent no. 2 –Impugned order set aside and directed to proceed with the
case.