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IN THE HIGH COURT OF DELHI AT NEW DELHI
S.C. BAJAJ – Appellant
Versus
STATE & ANR. – Respondent
| Table of Content |
|---|
| 1. acquittal under negotiable instruments act. (Para 1 , 3 , 4) |
| 2. burden of proof on loan source. (Para 5 , 6) |
| 3. rebuttal of presumption under section 139. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 4. defendant's counterclaims and evidence. (Para 14 , 15 , 16 , 17 , 18) |
| 5. principles of criminal appeal under ni act. (Para 19 , 20 , 21 , 22) |
| 6. rebutting liability presumption. (Para 27 , 28 , 29 , 30) |
| 7. court's directive and conclusion. (Para 39 , 40 , 41 , 42) |
JUDGMENT :
CRL.L.P. 637/2019 & CRL.L.P. 638/2019
1. The present leaves to appeal are filed against the judgement dated 30.08.2019 (hereafter ‘impugned judgement’) passed by the learned Metropolitan Magistrate (‘MM’), Saket Courts, New Delhi in Complaint Cases Nos. 521120/2016 and 632692/2016, whereby Respondent No. 2 was acquitted of the offence under Sections 138 and 142 of the Negotiable Instruments Act, 1881 (‘NI Act’
2. For the reasons discussed below, leaves to appeal are granted.
CRL.A.________/2025 (to be numbered) and CRL.A.________/2025 (to be numbered)
3. The two complaints under Sections 138 and 142 of the NI Act were filed at the instance of the complainant/ appellant. It is averred that the accused/ Respondent No. 2
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