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SWARANA KANTA SHARMA
Uma Devi – Appellant
Versus
Shashi Bala – Respondent
JUDGMENT
Swarana Kanta Sharma, J. The present criminal revision petition has been filed by the petitioner under Sections 397 and 401 of the Code of Criminal Procedure, 1973 against the impugned judgment dated 08.08.2018 passed by learned Additional Sessions Judge, Rohini, Delhi, (hereinafter `learned ASJ') whereby Criminal Appeal No. 76/2018 filed by the petitioner was dismissed.
2. The petitioner vide judgment dated 25.09.2017 was convicted under Section 138 of Negotiable Instruments Act, 1881 by learned Metropolitan Magistrate-3, Rohini Courts, Delhi (hereinafter `learned MM') in Case No. 15/4R/16 titled `Shashi Bala vs. Uma Devi' and vide order on sentence dated 28.03.2018, was directed to pay compensation amounting to Rs.16 lakhs i.e. double the amount of cheques in question, and in default of same, to undergo simple imprisonment for four months.
3. To state briefly, the case of complainant was that the petitioner and her husband were inducted as tenants in the premises of the complainant, which they had taken on rent for residential purpose as well as for commercial purpose i.e. for running the business of manufacturing frames of goggles/spectacles. It was alleged that soon t
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 main legal point established in the judgment is the presumption in favor of the holder under Section 139 of the Negotiable Instruments Act and the onus on the accused to raise a probable defense ....
The main legal point established in the judgment is that the presumption under Section 139 of the NI Act would arise when the signatures on the cheques had been admitted, and the burden to rebut the ....
Cheques issued under Section 138 of the NI Act create a presumption of legally enforceable liability, which the accused must rebut with credible evidence.
The main legal point established in the judgment is the presumption in favor of the holder under Section 139 of the NI Act, the rebuttable presumption of consideration under Section 118(a), and the r....
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 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....
The accused's failure to rebut the presumption under Section 139 of the NI Act and the service of notice of dishonour within the prescribed period led to the Court upholding the conviction and the co....
The presumption of liability under Sections 138 and 139 of the N.I. Act is rebuttable, but the burden lies on the accused to provide evidence to disprove the existence of a legally enforceable debt o....
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