Case Name : Tedhi Singh vs Narayan Dass Mahant Case Reference: (0000) 0 SCC 00 Case Number: Crl A 362/2022 Court: Supreme Court Bench: 02 Coram: KM Joseph (Author), Hrishikesh Roy Date: 07.03.2022
Accused is not expected to discharge an unduly high standard of proof.
The proceedings under NI Act - Section 138 is not a civil suit. Unless a case is set up in the reply notice to the statutory notice, the complainant need not show his financial capacity in the first instance.
Constitution, Article 136 confers a right to obtain special leave in rare and extraordinary cases.
Refer also: Basalingappa vs Mudibasappa
See also: NI Act - Section 138 CrPC, Section 313 Constitution, Article 136