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SUBRAMONIUM PRASAD
Satinderjeet Singh – Appellant
Versus
Sameer Sondhi – Respondent
JUDGMENT
Subramonium Prasad, J. - The petitioner seeks to call for record and quash the Complaint Case No.1740/2021 for offence under Section 138 of the Negotiable Instruments act, 1881 titled as Sameer Sondhi Vs Satinderjeet Singh.
2. The averments made in the complaint are as under:
a) In the month of June, 2019, the petitioner approached the complainant/respondent herein and requested for a friendly loan of Rs.9,00,000/-.
b) It is stated that considering the financial difficulties and friendly relations with the petitioner, the complainant advanced a loan for a sum of Rs. Rs. 9,00,000/-.
c) It is stated that in the month of December, 2019, the petitioner/accused again approached the complainant and requested for another friendly loan for a sum of Rs.6,00,000/-. It is stated that the complainant advanced another friendly loan for a sum of Rs.6,00,000/-. It is stated that out of Rs.6,00,000/-, a sum of Rs.4,90,000/- was given through RTGS and Rs.1,10,000/- was given in cash.
d) It is stated that in discharge of his liability towards the complainant, the petitioner issued a cheque bearing No.001650 dated 25.03.2021 for a sum of Rs.15,00,000/- drawn on the Central Bank of India, Badarpur,
The main legal point established in the judgment is that the presumption under Section 139 of the Negotiable Instruments Act, 1881, creates a liability on the drawer of the cheque, and the burden of ....
The presumption under Section 139 of N.I. Act is a presumption of law, as distinguished from the presumption of facts. Presumptions are rules of evidence and do not conflict with the presumption of i....
The main legal point established in the judgment is the importance of evidence in rebutting the presumption available to the complainant under Sec. 139 of the N.I. Act and the impact of civil court j....
Section 138 NI Act proceedings cannot be quashed at a pre-trial stage when statutory requirements are met, as the question of legally enforceable debt must be examined only at trial under the Section....
The main legal point established in the judgment is the importance of the presumption under Section 139 of the Negotiable Instruments Act and the burden of proof on the accused to rebut this presumpt....
The legal provisions of the NI Act create a deeming offence for dishonour of cheques and establish a presumption of debt or liability upon the holder of the cheque, with a reverse onus cast on the ac....
Dishonour of cheque – Jurisdiction under Section 482 of Cr.P.C. or Article 226 Constitution of India is requires to be exercised in circumspection and sparingly.
A drawer of a cheque is presumed liable unless they provide evidence to rebut the presumption of issuance for debt repayment, established under Sections 138 and 139 of the Negotiable Instruments Act.
The main legal point established in this judgment is that under Section 139 of the Negotiable Instruments Act, there is a presumption that a cheque is issued for the discharge of a debt or liability.....
Presumption under Section 139 of the Negotiable Instruments Act requires the accused to present credible evidence to rebut the holder's claim of legal liability regarding the cheque issued.
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