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SIDDHARTHA ROY CHOWDHURY
Susanta Mondal – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT :
Siddhartha Roy Chowdhury, J.:
1. This revisional application is a manifestation of displeasure of the petitioner over the judgment and order passed by learned Judge, Bench-I, City Sessions Court, Calcutta, in Criminal Revision No. 35 of 2018 affirming the judgment and order of conviction passed by learned 3rd Court of Metropolitan Magistrate at Calcutta in Case No. C/255/2010.
2. Briefly stated, M/s SSSX Metalicks Private Limited, the opposite party no. 2 herein, filed a petition of complaint before the learned Additional Chief Metropolitan Magistrate, Calcutta under Section 138 of the Negotiable Instrument Act, 1881, alleging, inter alia, that the complainant is a private limited company carrying on business from 51 Vivekananda Road, Kolkata-700007 and is being represented by Balkishan Didwania. Susanta Mondal is carrying on his business from premises no. 33/1 Orphangung Market, Garu Hata, Khidderpore, who placed orders to the complainant company for Basmati rice which was sold, supplied and delivered to the accused person. The complainant raised its invoice bearing no. SSS/F/0003/09-10 and SSS/F/0004/09-10 dated 19th June, 2009 for a sum of Rs. 7,30,000/-and Rs. 3,65,000/
Dishonour of cheque by bank on the ground that cheque was dishonoured under instruction of drawer of cheque to stop payment, would be covered by Section 138 of Negotiable Instruments Act, 1881.
The accused must raise a probable defense to contest the existence of a legally enforceable debt or liability in cases of cheque dishonour under Section 138 of the Negotiable Instruments Act, failing....
The accused's failure to raise a probable defense or contest the existence of a legally enforceable debt or liability triggers the statutory presumption under Section 139 of the Negotiable Instrument....
The importance of establishing a probable defense to contest the statutory presumption under Section 139 of the Negotiable Instruments Act.
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