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IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT MAHAJAN
Barun Bhanot – Appellant
Versus
Annie Impexpo Marketing Pvt Ltd – Respondent
| Table of Content |
|---|
| 1. petitioner's complaint under section 138 of ni act dismissed due to invalid demand notice. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments presented by both parties regarding the validity of the acquittal. (Para 6 , 7) |
| 3. court's analysis on legal requirements of demand notice and burden of proof. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. court dismissed the leave petition affirming the acquittal decision. (Para 22 , 23) |
JUDGMENT
AMIT MAHAJAN, J.
1. The present leave to appeal is filed against the judgment dated 26.04.2017 (hereafter ‘impugned judgment’) passed by the learned Metropolitan Magistrate (‘MM’), Patiala House Courts, New Delhi in CC No. 42989/2016 dismissing the complaint filed by the petitioner under Section 138 of the Negotiable Instruments Act, 1881 (‘NI Act’).
2. Briefly stated, the petitioner is the proprietor of M/s A. B. Consultants and is in the business of providing consultancy and other services in relation to custom clearance and freight forwarding to exporters and importers. It is alleged that the petitioner provided its services to the respondents and consequently raised regular invoices. It is alleged that a sum of Rs.2,
The presumption under Section 139 of the NI Act is rebuttable, and the burden shifts to the complainant once the accused raises a probable defense.
Dishonour of cheque – Accused had to prove by cogent evidence that there was no debt or liability.
The presumption of liability under Section 139 of the Negotiable Instruments Act can be rebutted if the accused proves non-receipt of the demand notice, which is essential for prosecution under Secti....
Presumption under Section 139 NI Act that cheque is for debt discharge holds unless rebutted by preponderance of probabilities; trial acquittal reversed for perversely ignoring defence witness confir....
The presumption under Section 139 of the NI Act obligates the accused to provide credible evidence to rebut the claim of issuance of a cheque for a legally enforceable debt.
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.
(1) Incriminating circumstances, regarding which no explanation has been called from accused, cannot be used against him.(2) Dishonour of cheque – Unless part payment is endorsed on cheque as per Sec....
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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