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G. A. SANAP
Rajnish – Appellant
Versus
Anq Enterprises – Respondent
ORAL JUDGMENT
1. Heard learned advocate for the applicant and learned advocate for the non-applicant. Perused the record and proceedings.
2. In this revision, the challenge is to the judgment and order dated 04.12.2021 passed in Criminal Appeal No.256 of 2018 by the learned Additional Sessions Judge-4, Nagpur, whereby the appeal filed by the applicant against his conviction and sentence for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'NI Act') came to be dismissed. The learned Judicial Magistrate First Class, Nagpur vide judgment and order dated 20.08.2018, has convicted the applicant for the offence punishable under Section 138 of the NI Act and awarded him substantive sentence till rising of the Court and to pay compensation of Rs. 5,50,000/- and in default of the payament of compensation to undergo simple imprisonment for five months. In this order, the parties would be referred by the nomenclature in the complaint.
3. The complainant was doing the business in the name and styled as 'Anq Enterprises' and dealing in the manufacturing of packaged drinking water and pet bottles. It is stated that the accused was introduced by one Sanjay Pathak to
[The presumption of consideration under Section 139 of the Negotiable Instruments Act is a significant legal principle, placing the burden on the accused to prove otherwise, which was not met in this....
The presumption of a debt under Sec. 139 of the N.I. Act is a significant legal principle, which places the burden on the accused to prove the contrary when a cheque is dishonored.
The judgment reinforces the principles of presumptions in negotiable instruments under the N.I. Act, particularly the burden of proof on the accused to rebut the presumption of consideration and liab....
The presumption of consideration and the presumption of receipt of a cheque for discharging a debt under Sec. 118 and 139 of the N.I. Act are pivotal in establishing liability in cheque dishonor case....
Admission of cheque signature raises presumption under NI Act ss.118(a),139 of debt discharge; accused must rebut with evidence, not mere denial. Revisional jurisdiction bars reappreciation absent pe....
The High Court's revisional jurisdiction is supervisory in nature and limited to correcting legal improprieties or perversity in findings; it cannot be used to reappreciate evidence where trial and a....
The statutory presumptions under Sections 138, 118, and 139 of the Negotiable Instruments Act are critical in dishonour cases, determining the burden of proof.
Admission of cheque issuance raises presumption of liability under NI Act Ss.118/139; rebuttal requires evidence beyond CrPC 313 denial. Revisional jurisdiction limited to patent errors, not evidence....
In a prosecution under Section 138 of the NI Act, once the execution of a cheque is admitted or proven, a presumption under Section 139 arises in favour of the complainant, and the burden shifts to t....
Admission of cheque signature triggers presumption under Sections 118(a) and 139 NI Act of debt discharge; security cheques attract Section 138 liability on dishonour; accused must rebut with evidenc....
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