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RAMACHANDRA D. HUDDAR
Parvathamma. M Wife Of Kempaiah – Appellant
Versus
Chandrakala. v. Assistant professor wife of G. C. Gangadhar – Respondent
JUDGMENT :
Respondent-accused was tried for the offence under Section 138 of Negotiable Instrument Act, 1881 (for short `the NI Act'). by the XXII Addl. Chief Metropolitan Magistrate, Bengaluru City in CC No.5070/2015. The learned ACMM (`trial Court' for short) acquitted him of the charges levelled against him. Being aggrieved by the same, now the complainant is before this Court by preferring this appeal.
FACTS OF THE CASE AS STATED IN THE COMPLAINT IN BRIEF
2. Accused-Smt.Chandrakala V. (respondent herein) approached the complainant in the first week of November 2012 and availed a hand loan of Rs.4,50,000/- to meet her urgent commitments and family necessities. She assured to return the said amount within six months. After six months when complainant approached the accused, in discharge of the said loan amount, accused issued a duly filled cheque bearing No.539601 dated 29.8.2013 mentioning the consideration as Rs.4,50,000/- drawn on Syndicate Bank, Dr.Ambedkar Institute of Technology, Nagarbhavi Road, Bengaluru 560 056 in the name of complainant. It was assured by the accused that on presentation of the said cheque, it will be honoured.
3. It is alleged that when the cheque was pres
The presumption under Section 139 of the NI Act obligates the accused to provide credible evidence to rebut the claim of issuance of a cheque for a legally enforceable debt.
The presumption of liability under the NI Act is rebuttable, and the burden of proof lies on the complainant to establish the existence of a legally enforceable debt.
The presumption under Section 139 of the NI Act mandates that a cheque is presumed to be issued for discharge of a debt unless the accused proves otherwise.
Presumption under Section 139 of the Negotiable Instruments Act requires the accused to present credible evidence to rebut the holder's claim of legal liability regarding the cheque issued.
The presumption under Section 139 of N.I. Act is a presumption of law, as distinguished from the presumption of facts. Presumptions are rules of evidence and do not conflict with the presumption of i....
The presumption of consideration under Section 139 of the N.I. Act shifts the burden to the accused to prove non-existence of debt, which was not done in this case.
The burden of proof, legal presumptions, and the accused's admission of debt in the issuance of the cheque are crucial in determining liability under the Negotiable Instrument Act.
The presumptions under sections 138 and 139 of the NI Act favor the holder, shifting the burden to the accused to rebut the claims of liability.
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