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IN THE HIGH COURT AT CALCUTTA APPELLATE SIDE
Pravin Kumar Tiwari – Appellant
Versus
Ajit Chandra Mandal – Respondent
| Table of Content |
|---|
| 1. acquittal of accused under section 138 ni act (Para 1 , 2) |
| 2. points for determination in the trial (Para 4 , 5) |
| 3. section 146 presumption regarding dishonor (Para 6 , 10) |
| 4. validity of bank return memo (Para 7 , 8 , 11) |
| 5. conviction and sentencing of accused (Para 12 , 13) |
JUDGMENT :
Ajoy Kumar Mukherjee, J.
1. This appeal has been directed against judgment and order dated 29th November, 2022 passed by learned Judicial Magistrate, 10th Court Alipore, in AC 3447 of 2017. By the judgment impugned trial Judge has acquitted the accused person in a proceeding under section 138 of the Negotiable Instrument Act, (in short N.I. Act).
2. The gist of the case as alleged in the complaint is that, in discharge of a legally enforceable debt the accused/respondent herein had drawn a cheque being no. 747476, dated 16th September, 2016, amounting to Rs. 6 lakhs drawn on State of Bank of India in favour of the complainant. The complainant deposited the said cheque to his banker for encashment but by a cheque return memo, the complainant was informed by his banker i.e. Central Bank of India, Kalighat Junction Branch, that the cheque has been dishonored on the ground of ‘exceeds arrang
The validity of a cheque return memo is not contingent upon having an official mark so long as it adequately indicates dishonour, affirming the presumption under Section 146 of the Negotiable Instrum....
The presumption under Sections 139 and 118 of the Negotiable Instruments Act mandates that once a cheque's signature is established, it is presumed to be issued for a debt, shifting the burden to the....
The main legal point established in this judgment is that a complaint under section 138 of the Negotiable Instrument Act can be supported by an affidavit, and the court can issue process based on the....
Dishonour of cheque – Cheque return memo is not document which is required to be covered under Bankers Book Evidence Act, 1891 – If there is any infirmity in cheques return memo, it does not render e....
The presumption of liability under Section 139 of the Negotiable Instruments Act is robust, shifting the burden to the accused to prove otherwise, which was not achieved in this case.
The prosecution under Section 138 of the NI Act requires proof of insufficient funds, which was not established in this case, leading to the upholding of the acquittal.
The dishonour of a cheque due to 'Account Closed' falls within the parameters of Section 138 of the N.I. Act, and the presumption under Section 139 applies.
:DISHONOUR OF CHEQUE – ACQUITTAL UNDER - under Section 139 of the N.I. Act, there is a presumption that the holder of the cheque received it for the discharge of debt or liability, but the existence ....
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