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SHAMPA DUTT (PAUL)
Raju Saha – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
(Shampa Dutt (Paul), J.) :
The Appeal:-
1. The present appeal has been preferred against a judgment and order dated May 15, 2018 passed by the Learned Metropolitan Magistrate, 5th Court, Calcutta in Case No. C- 11283 of 2014, TR No. 381 of 2014 under Section 138 of the Negotiable Instruments Act.
The Prosecution:-
2. Due to financial scarcity, the petitioner gave interest free accommodation loan to the respondent No.2 and the respondent No.2 issued four cheques to discharge his liability against the said accommodation loan. The Respondent No.2 issued cheque No. 756742 dated February 10, 2014 of Rs. 2,00,000/-; Cheque No. 042350 dated February 10, 2014 of Rs 1,00,000/-; Cheque No. 756750 dated February 12, 2014 of Rs. 1,00,000/- and Cheque No. 756754 dated February 12, 2014 of Rs. 90,000/- total amounting to Rs. 4,90,000/-. All Cheques were drawn on ICICI Bank Ltd., R.N. Mukherjee Road Branch, Kolkata, in favour of the petitioner and the petitioner deposited the Cheques with Indian Overseas Bank, Strand Road Branch, Kolkata for encashment but the Cheques were returned with the remark ‘Fund Insufficient’ as per Bank Memo dated February 15, 2014. The petitioner sent a deman
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.
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.
(1) Dishonour of cheque – Proceedings under Section 138 of N.I. Act are quasi-criminal in nature and principles which apply to acquittal in other criminal cases are not applicable in cases instituted....
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 mandatory, placing the burden on the accused to rebut the existence of a legally enforceable debt.
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 issuance of a cheque carries a presumption of consideration, which is rebuttable by the accused. Failure to prove the non-existence of a debt results in liability under Section 138 of the NI Act.
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.
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