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IN THE HIGH COURT AT CALCUTTA
AJAY KUMAR GUPTA
Tulsi Charan Dey – Appellant
Versus
Arup Kumar Palodhi – Respondent
JUDGMENT :
AJAY KUMAR GUPTA, J.
1. This instant Criminal Revisional application has been filed by the Petitioner under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973 (In short Cr.P.C.), praying for setting aside the judgment and order dated 02.03.2017 passed by the Learned Additional District and Sessions Judge, Fast Track 3rd court, Paschim Medinipur in Criminal Appeal No. 26 of 2015.
2. By the said Judgment and order, the Learned Judge affirmed the judgement and order dated 25.05.2015 passed by the Learned Judicial Magistrate, 5th Court, Paschim Medinipur in C.R. Case No. 604/2012 filed under Section 138 of the Negotiable Instrument Act, 1881 (In short N.I. Act) whereby and whereunder the petitioner herein was convicted for an offence punishable under of the NI Act and sentencing him to suffer imprisonment of three months and pay a fine of Rs. 5,25,000/- out of which Rs. 5,00,000/= shall be paid to the complainant as compensation. In default of payment of the fine amount, Rs. 25,000/-, the petitioner will undergo a further imprisonment of one-fourth of the simple imprisonment.
FACTS OF THE CASE
3. Brief facts of the present case in hand, relevant for
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.
The court upheld the convictions under Section 138 of the Negotiable Instruments Act, affirming that dishonour of a cheque creates a statutory presumption of liability, which the accused failed to re....
The court affirmed that changes in a complainant company's name do not invalidate pending legal actions under Section 138 of the N.I. Act; the High Court's jurisdiction under Article 227 is limited t....
Failure to rebut presumption under Sections 118 and 139 of NI Act by proving probable defence results in conviction under Section 138 for cheque dishonour, even if claimed as security; revisional jur....
A cheque issued as security can be subjected to Section 138 liabilities; presumption under Section 139 requires the accused to establish a probable defence for avoidance of conviction.
Failure to raise probable defence on preponderance of probabilities fails to rebut presumption under Section 139 NI Act; security cheques towards loan liability attract Section 138 upon dishonour.
Presumption under NI Act ss.118,139 rebuttable on preponderance of probabilities by probable defence; accused's unproved allegation of cheque amount misuse fails rebuttal. Revision jurisdiction limit....
Failure to raise probable defence sustains presumptions under Sections 118 & 139 NI Act regarding cheque for lawful debt; revisional court upholds concurrent conviction absent miscarriage of justice.....
The presumption of liability under Section 139 of the Negotiable Instruments Act is valid unless a credible defense is presented, and dishonor of a cheque issued as security can lead to conviction un....
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