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ANISH DAYAL
Amit Jain – Appellant
Versus
Sanjeev Kumar Singh – Respondent
JUDGMENT
This decision allows present appeal that arose out of CRL.L.P 576/2019 seeking leave to appeal against judgement dated 01st August 2019, passed by Metropolitan Magistrate (02), Shahdara, Karkardooma Courts, Delhi [“Trial Court”] in Complaint Case 4851/2018 titled Amit Jain v. Sanjeev Kumar Singh & Ors. [“impugned judgement”]. Therein, respondent was acquitted of offence under Section 138, Negotiable Instruments Act, 1888 [“NI Act”]. Leave to appeal was granted by this Court vide order dated 22nd October 2019 and matter was renumbered as present appeal.
Background Facts
2. According to appellant, respondent no.1 was his friend and in May 2016, appellant gave a friendly loan of Rs. 3,60,000/- [Rupees Three Lacs Sixty Thousand only] without interest, to be repaid by 30th April 2017. Respondent no.1 is the Director of respondent no.2 company M/s Naina Packing Private Limited.
3. In May 2017, repeated requests were made by appellant for recovery of said amount. Subsequently, respondent no.1 issued a cheque bearing no. 863416 dated 03rd July 2019 for a sum of Rs. 1,80,000/- [Rupees One Lac Eighty Thousand only] drawn on Bank, Patparganj branch, Delhi [“the cheque”] towards par
Dishonour of cheque – Appeal against acquittal – Presumption under Section 139 read with Section 118 of NI Act is essentially based on pure common sense – Statement of accused under Section 313 Cr.P.....
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 ....
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 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 Negotiable Instruments Act is rebuttable, and the burden of proof lies on the accused to provide a probable defense.
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 accused must discharge the evidential burden to rebut the statutory presumption under Section 139 of the Negotiable Instruments Act, and fair and judicious procedure is essential in cases under S....
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 of consideration under Section 139 of the N.I. Act shifts the burden to the accused to prove non-existence of debt, which was not done in this case.
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