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G. A. SANAP
Prabhakar – Appellant
Versus
Vishnu – Respondent
JUDGMENT/ORDER
1. In this criminal revision application, challenge is to the judgment and order dtd. 12/10/2011 passed by the learned Adhoc Additional Sessions Judge, Gondia, whereby the learned Judge dismissed the appeal filed by the applicant/accused against his conviction and sentence awarded by the learned Judicial Magistrate First Class, Gondia for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short " the N.I.Act"). The learned Judicial Magistrate First Class, Gondia by order dtd. 31/8/2009 on conviction had sentenced the applicant/accused to suffer rigorous imprisonment for three months and to pay fine of Rs.1, 000.00 and also directed him to pay the compensation of Rs.1, 60, 000.00 to the complainant.
2. The facts are as follows:-
The parties in this judgment would be referred by their nomenclature in the complaint. The applicant is the accused and non-applicant No.1 is the complainant. It is the case of the complainant that he and accused both were doing business of grains. The complainant is doing his business under the name and style of 'Anand Bhandar'. The accused at the relevant time was doing the business under the name and style as '
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.
In a Section 138 N.I. Act prosecution, once the execution of a cheque is proven, the statutory presumption under Section 139 shifts the burden to the accused; revisional courts will not interfere wit....
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....
Admission of cheque signature raises presumption of debt under NI Act ss118(a),139; accused's lost cheque plea fails without bank report; revisional jurisdiction limited to perversity, upholding conc....
Presumptions under Sections 118(a) and 139 NI Act arise on implicit admission of cheque issuance via cross-examination; accused must rebut with evidence, not mere denial; revisional jurisdiction limi....
Revisional jurisdiction limited; no interference with concurrent conviction under NI Act S.138 absent perversity; presumption of debt under S.139 holds on signature admission unless rebutted by proba....
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....
Revisional jurisdiction limited; no reappreciation of evidence absent perversity. NI Act presumptions u/ss 118,139 arise on cheque admission; accused must rebut with evidence. No initial complainant ....
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....
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