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IN THE HIGH COURT AT CALCUTTA
CHAITALI CHATTERJEE DAS
Tripuresh Kumar Dey – Appellant
Versus
Tushar Kanti Jana – Respondent
JUDGMENT :
CHAITALI CHATTERJEE DAS, J.
1. This is an application for special leave to file under/section 378 Sub-Section (4) of the Code of Criminal Procedure, 1973 against the judgement and order of acquittal dated May, 24, 2007 passed by the Learned Metropolitan Magistrate, 4th Court, Calcutta in case under Section 138 of the Negotiable Instrument Act.
Brief Fact
2. The present Opposite Party no. 2 took an emergency accommodation loan of Rs. 1,90,000 for his own business purpose in the following manner:-
| a) | On 28.04.2001 | Rs. 1,00,000.00 |
| b) | On 03.05.2001 | Rs. 30,000.00 |
| c) | On 14.05.2001 | Rs. 60,000.00 |
| Rs. 1,90,000.00 |
The Opposite Party no. 2 issued receipts for such loan of Rs. 1, 90,000/- by his own hand writing. He took the said emergency loan for the purpose of prints and other miscellaneous expenses in releasing his film “Sesh Ashray” and the Opposite Party no. 2 also issued a Cheque dated June 8, 2007 being numbered 375355 in favour of the petitioner against the loan amount taken by him.
3. In re-payment of the said loan the Opposite Party no. 2 issued a cheque to the petitioner being cheque no. 375355 dated 08.06.2001 drawn on Punjab National Bank , New Market ,Branch. The petitioner deposited
The presumption of debt under Section 139 of the Negotiable Instruments Act is not rebutted by mere denial; the accused must provide credible evidence to support their defense.
The accused's failure to repay the loan amount and the dishonour of the cheque led to the application of the statutory presumption under Ss.118 and 139 of the Negotiable Instruments Act, emphasizing ....
The burden of proof, legal presumptions, and the accused's admission of debt in the issuance of the cheque are crucial in determining liability under the Negotiable Instrument Act.
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