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IN THE HIGH COURT AT CALCUTTA
AJAY KUMAR GUPTA
KAUSIK BARUI – Appellant
Versus
IN THE HIGH COURT AT CALCUTTA – Respondent
JUDGMENT :
Ajay Kumar Gupta, J.
1. This instant Criminal Revisional application has been filed by the Petitioner under Section 482 of the Code of Criminal Procedure, 1973 (In short ‘CrPC’), challenging the correctness, legality and propriety of the judgment and order dated 11.02.2015 passed by the Learned Additional District and Sessions Judge, 5th Fast Track Court at Alipore, 24 Parganas (South) in Criminal Appeal No. 24 of 2011 (Kausik Barui Vs. Kartick Chandra Basu & Anr.).
2. By the said Judgment and Order, the Learned Judge affirmed the judgment and order dated 29.01.2011 passed by the Learned Judicial Magistrate, 5th Court, Alipore in Case No. C-6282 of 2006 filed under Section 138 of the Negotiable Instruments Act, 1881 (In short ‘N.I. Act’) whereby and whereunder the petitioner herein was convicted for commission of an offence punishable under Section 138 of the NI Act and sentenced to undergo simple imprisonment for a period of two months and to pay fine of Rs. 8,00,000/-. Out of the fine amount, Rs. 7,95,000/- shall be paid to the complainant as compensation. The compensation amount shall be paid by the convict within 30 days from the date of the judgment, in default, he sha
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....
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.
Presumption under Sections 118/139 NI Act not rebutted by unsubstantiated security cheque claim; such cheques enforceable under Section 138 on dishonour for insufficient funds if liability undischarg....
Dishonoured cheque attracts presumption of lawful debt under NI Act unless rebutted by accused on preponderance of probabilities; failure justifies conviction even for security cheque with subsisting....
A mandatory presumption applies in dishonour cases under Section 138 of the Negotiable Instruments Act, requiring the accused to provide evidence to rebut the lawful liability for which a cheque was ....
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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