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SIDDHARTHA ROY CHOWDHURY
Pharma Traders – Appellant
Versus
Jagadish Chandra Gupta – Respondent
JUDGMENT :
(Siddhartha Roy Chowdhury, J.)
This criminal revision is a manifestation of displeasure of the petitioners who have been held guilty by the learned Court of 12th Metropolitan Magistrate, Calcutta for committing offence under Section 138 /141 of the N.I. Act and the said order of conviction has been affirmed by the learned Additional District and Sessions Judge, 1st Fast Track Court, Bichar Bhavan, Calcutta.
2. Briefly stated, the complainant the Premier Medical Supplies and Stores filed a petition of complaint under Section 138 of the N.I. Act before the learned Chief Metropolitan Magistrate, Calcutta which was subsequently disposed of by learned 12th Court of Chief Metropolitan Magistrate, Calcutta. It was contended by the complainant that a cheque was issued by M/s.Pharma Traders, a partnership firm in discharge of their obligation in favour of the Premier Medical Supplies and Stores, to the tune of Rs.6,54,310.55/- drawn on United Bank of India, Santoshpur Branch, Kolkata-700 032 being cheque No.014124 dated 29th March, 1995 which was presented to the Bank by drawee dishonoured for want of fund. This fact was brought to the notice of the drawer of the cheque by givin
Dishonour of cheque – When part payment has been made after debt was incurred and before cheque was encashed, entire cheque amount cannot be said to be legally enforceable debt.
The issuance of a cheque creates a presumption of a legally enforceable debt, which the accused must rebut, failing which conviction under Section 138 NI Act is upheld.
The offence under Section 138 of the N.I. Act is primarily a civil wrong, and the object of the provision is compensatory. Courts may enforce orders to pay compensation by imposing a sentence in defa....
The evidentiary burden under Section 139 of the Negotiable Instruments Act requires defendants to counter statutory presumptions regarding dishonored cheques.
The court reaffirmed statutory presumptions under the NI Act regarding cheque liability, emphasizing the evidentiary burden on the accused.
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