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IN THE HIGH COURT AT CALCUTTA
ANANYA BANDYOPADHYAY
Tapan Chatterjee @ Tapan Kumar Chatterjee – Appellant
Versus
State of West Bengal – Respondent
Judgment :
Ananya Bandyopadhyay, J.
1. The present appeal calls into question the judgment and order dated 27th November, 2008 passed by the Learned Chief Judicial Magistrate, Howrah in Complaint Case No. 668C of 2004, whereunder the accused/opposite parties have been acquitted of the offences under Section 138 and 141 of the Negotiable Instruments Act. The appellant contends that the acquittal is founded upon misappropriation of evidence disregard to statutory presumptions and reliance upon conjectural defence unsupported by any credible material.
2. The narrative of the complaint and the sworn testimony of the appellant disclosed the appellant to have retired from service after discharging a long tenure in the State Bank of India. On receiving his retiral benefits, he extended financial assistance to the opposite parties, who were partners of a business firm with whom the appellant shared a cordial relation. An agreement dated 27th July, 2003 was executed whereby the appellant advanced Rs. 5,00,000/- to the said partners to enable them to meet their immediate working capital and sustain their enterprise. The disbursement was undertaken through five (05) cheques each being reflect
Accused failed to rebut the presumption of debt under Section 139, leading to acquittal being upheld despite dishonoured cheques. Evidence must sufficiently support claims of payment to avoid prosecu....
Dishonour of cheque – If drawer of cheque pays a part or whole of sum between period when cheque is drawn and when it is encashed upon maturity, then legally enforceable debt on date of maturity woul....
A cheque that is dishonored must represent a legally enforceable debt at the time of presentation; part payments made prior to encashment must be accounted for, or the offence under Section 138 of th....
The presumption under Section 139 of the N.I. Act is attracted when the accused admits the issuance of the cheque and his signature upon the same. The accused can rebut this presumption either by eff....
The issuance of a cheque signifies a legally enforceable debt under Section 138 of the N.I. Act, and the burden to prove otherwise lies with the accused, not the complainant.
Point of law: Dishonour of cheque - Discrepancy in the amount - Discrepancy in the amount reflected in the cheque and the actual amount due by the accused, the accused cannot be proceeded under secti....
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