Q: Delineate the citation of T. Nagappa vs Y.R. Muralidhar on 24 April, 2008 ?

Ans:
T. Nagappa vs Y.R. Muralidhar on 24 April, 2008
Bench: S.B. Sinha, Lokeshwar Singh Panta

The honourable Supreme Court held that when a contention has been raised about the complainant has misused the cheque, even in a case where a presumption can be raised under Section 118(a ) or 139 of the said Act, an opportunity must be granted to the accused for adducing evidence in rebuttal thereof. As the law places the burden on the accused, he must be given an opportunity to discharge it. An accused has a right to fair trial. He has a right to defend himself as a part of his human as also fundamental right as enshrined under Article 21 of the Constitution of India. The right to defend oneself and for that purpose to adduce evidence is recognized by the parliament in terms of sub-section (2) of Section 243 of the Code of Criminal Procedure.

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