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SANDIPKUMAR C. MORE
Satish S/o Vasantrao Deshmukh – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
SANDIPKUMAR C. MORE, J.
1. The appellant/original complainant in STC No. 694 of 1996, has challenged the judgment and order dated 03/09/2001 passed by the concerned JMFC, Sangamner (hereinafter referred to as ‘the learned trial court’) in the aforesaid case, which resulted into an acquittal of present respondent No. 2 i.e. original accused from the charge under Section 138 of the Negotiable Instruments Act (hereinafter referred to as ‘the N.I. Act’).
2. Facts giving rise to the present appeal are as under:
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 in favor of the complainant under the N.I. Act is rebuttable, and the standard of proof required to prove a defense in a criminal case is preponderance of probabilities.
Dishonour of cheque – Whereas prosecution must prove guilt of an accused beyond all reasonable doubt, standard of proof so as to prove a defence on part of accused is preponderance of probabilities.
The presumption under Section 139 of the NI Act that a cheque is issued for discharge of a debt or liability unless proven otherwise, and the accused's burden to raise a probable defense to rebut the....
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.
The presumption of debt under Section 139 of the Negotiable Instruments Act is not rebutted by mere denial; the accused must provide credible evidence to support their defense.
The issuance of a cheque creates a presumption of liability under Sections 138 and 139 of the Negotiable Instruments Act, which shifts the burden to the accused to prove otherwise.
The issuance of a cheque carries a presumption of consideration, which is rebuttable by the accused. Failure to prove the non-existence of a debt results in liability under Section 138 of the NI Act.
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