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M. K. THAKKER
Pramodkumar Chhotalal Vyas – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT
M.K. Thakker, J.—This is an appeal filed by the appellant-original complainant under Section 378 of the Criminal Procedure Code challenging the judgment and order dated 23.08.2023 passed by the learned 5th Additional Chief Judicial Magistrate, Gandhinagar in Criminal Case No. 4603 of 2021, whereby, the learned trial Court has acquitted the respondent no. 2-accused from the charges levelled against her under Section 138 and 142 of the Negotiable Instrument Act.
2. It is the case of the complainant that the complainant is staying with the family consisting of wife and a younger son viz. Nrupesh at the address given in the complaint. The accused is the daughter of brother-in-law and doing the business of Astrology and Reiki. The marriage of the accused was solemnized with one Suraj Kumar Shah, who died in the month of April, 2018. It is alleged in the complaint that the husband of the accused was doing the business of money lending. The accused used to visit the house of the complainant and in the year 2015, the accused had demanded an amount of Rs. 1,00,000/- from the complainant for renovation of the house and the complainant had lended the amount of Rs. 1,00,000/- to the a
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 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.
The presumption under Section 139 of the Negotiable Instruments Act is rebuttable, and the burden of proof lies on the accused to provide a probable defense.
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 of a legally enforceable debt under Section 139 of the Negotiable Instruments Act is rebuttable, but the burden lies on the accused to provide evidence to the contrary.
The main legal point established in the judgment is the significance of the accused raising a probable defense to rebut the presumption under Section 139 of the N.I. Act, and the requirement for the ....
The main legal point established in the judgment is that the presumption under Section 139 of the Negotiable Instruments Act is rebuttable, and the burden lies on the accused to raise a probable defe....
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 liability under the Negotiable Instruments Act requires the complainant to establish a prima facie case, after which the burden shifts to the accused to disprove claims. Insufficie....
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