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SUBHENDU SAMANTA
In the Matter of: P. S. Mitra alias Partha Sarathi Mitra – Appellant
Versus
Manor Travels Private Limited – Respondent
JUDGMENT :
SUBHENDU SAMANTA, J.
1. These instant Criminal Revisions are preferred u/s 397/401 read with Section 482 of the Code of Criminal Procedure against order dated 17.11.2017 passed by Learned Additional District and Sessions Judge Fast Track 1st Court Calcutta in Criminal Appeal Nos. 66 of 2017 and 67 of 2017 dismissing the appeals by affirming thereby the orders dated 15th December 2014 passed by the Learned Metropolitan Magistrate 12th Court Calcutta in Case No. C 1866 of 2010 and Case No. C 3897 of 2010 respectively u/s 138 of Negotiable Instrument Act thereby convicting the petitioner to suffer detention till rising of the court (TRC) and to pay compensation of Rs. 4,00,000/-and Rs. 3,00,000/-respectively to the complainant within one month in default to suffer simple imprisonment for two years.
2. The brief fact of the case is that the present petitioner had business transaction with present opposite party No. 1 for purchasing by Railway tickets.
3. During the said business the present petitioner used to pay money through cheques. The business transaction was continues and the petitioner used to pay on regular basis to the opposite party No. 1 through cheques. Opposite part
The term of imprisonment in default of payment of compensation under Section 138 of the Negotiable Instruments Act cannot exceed one-fourth of the maximum term of imprisonment for the offense.
The main legal point established in the judgment is the importance of proving the dishonor of a cheque due to insufficient funds, the presumption of the cheque being issued against a debt, and the ad....
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 main legal point established in the judgment is the application of the presumption under Section 139 of the Negotiable Instruments Act and the importance of proving the contrary to rebut the pres....
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....
The statutory presumption under Section 139 of the Negotiable Instruments Act includes the existence of a legally enforceable debt, which cannot be rebutted by mere denial; furthermore, revisional co....
The presumption of consideration in cheque transactions under the N.I. Act is strong, and the burden lies on the accused to rebut this presumption with credible evidence.
Conviction under Section 138 of the Negotiable Instruments Act affirmed, emphasizing the necessity of due process in criminal trials and the validity of a Magistrate's authority.
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