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SUBRAMONIUM PRASAD
Manpreet Kaur – Appellant
Versus
Vinod Bansal – Respondent
JUDGMENT
Subramonium Prasad, J. - The present petition under Section 482 Cr.P.C is directed against the order dated 23.11.2020, passed by the Principal District & Sessions Judge (North), Rohini Courts, Delhi in Criminal Revision No. 79/2020.
2. The facts, in brief, leading to the instant revision petition are as under:
a) The respondent herein filed a complaint against the dishonour of a cheque bearing No.017595 dated 01.12.2016 drawn on Oriental Bank of Commerce for Rs.3,50,000/-, given by the petitioners herein as refund of security amount. The said cheque was returned with endorsement "Payment stopped by drawer" vide return memo dated 10.01.2017. A legal notice dated 12.01.2017 was issued by the respondent and on failure of payment of the said amount, a complaint was filed by the respondent herein against the petitioners herein before the learned Trial Court on 28.02.2017.
b) The material on record shows that the complaint was listed for hearing on 18.04.2017 before the learned Trial Court but there was no appearance on behalf of the complainant/respondent herein and the matter was adjourned to 07.07.2017. On 07.07.2017 again due to non appearance of the complainant/respondent here
The court emphasized the legal provisions of Section 139 of the Negotiable Instruments Act and the purpose of introducing Section 138 to bring sanctity in commercial transactions.
Restoration of complaints dismissed for non-prosecution is permissible if no prejudice is caused and valid reasons for non-appearance are provided, supported by the presumption under the NI Act regar....
The main legal point established in the judgment is the interpretation and application of the provisions regarding the condonation of delay in proceedings under Section 138 of the Negotiable Instrume....
The denial of liability and refusal to pay the cheque amounts by the accused constituted a valid cause of action for filing the complaint under Section 138 of the NI Act, despite being filed before t....
The statutory presumption under Section 139 of the Negotiable Instruments Act applies when the accused fails to raise a probable defense or contest the existence of a legally enforceable debt or liab....
The presumption under Section 139 of the Negotiable Instruments Act requires the accused to demonstrate a valid defense to avoid liability for dishonor of a cheque.
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