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R. G. AVACHAT
Shashikant – Appellant
Versus
Narayan – Respondent
JUDGMENT
1. This is an appeal against acquittal. The appellant herein is the original complainant in Summary Criminal Case, being S.C.C. No.954/2015 instituted for the offence punishable under Sec. 138 of the Negotiable Instruments Act. The respondent herein was the accused in the said case. The trial Court, on appreciation of evidence in the case, acquitted the respondent simply on the ground that the statutory demand notice did not disclose what type of transaction it was between the appellant and the respondent. The trial Court held that the receiver of a notice must at least know his legal liability for which cheque was issued. Since such details were not in the demand notice, the notice was held to be not legal and proper.
2. This Court had admitted the appeal. On service of notice of this appeal, the respondent marked his appearance through an Advocate. When the appeal was taken up for final hearing, neither the respondent nor his Advocate were present. This Court, therefore, appointed Shri Ketan G. Pote, learned counsel to assist the Court in this matter by representing the respondent herein.
3. Learned counsel for the appellant would submit that, issuance of the cheque is th
The presumption of liability under Section 139 of the Negotiable Instruments Act can be rebutted if the accused proves non-receipt of the demand notice, which is essential for prosecution under Secti....
The burden of proof shifts to the complainant once the presumption under Section 139 of the NI Act is rebutted by the accused.
The presumption under Section 139 of the NI Act is rebuttable, and the burden shifts to the complainant once the accused raises a probable defense.
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.
A demand notice issued under Section 138 (proviso b) of the Negotiable Instruments Act must specifically state the amount of money demanded; failure to specify the amount renders the notice invalid f....
The presumption of liability under Section 139 of the Negotiable Instruments Act requires the accused to prove non-existence of debt, influencing the court's conviction decision.
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