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IN THE HIGH COURT OF DELHI AT NEW DELHI
SWARANA KANTA SHARM
Dhrvu Varma – Appellant
Versus
J K Varma – Respondent
JUDGMENT :
SWARANA KANTA SHARMA, J.
1. By way of these three revision petitions, the petitioner has assailed his conviction for offence under Section 138 of the Negotiable Instruments Act, 1881 [hereafter 'NI Act'], in Complaint Cases Nos. 669/1/2007, 670/1/2007 and 671/1/2007, wherein the petitioner was convicted and sentenced vide judgment dated 11.10.2012 and order on sentence dated 31.10.2012, by the learned MM-02 (NI Act), South East District, Saket Courts, Delhi [hereafter 'Trial Court'], which were upheld by way of the impugned judgment dated 30.09.2024 passed in Criminal Appeal Nos. 18, 19 and 20 of 2014 by the learned ASJ-03, Patiala House Courts, Delhi [hereafter 'Appellate Court'].
FACTUAL BACKGROUND
2. Brief facts of the case, as set out in the complaints filed under Section 138 of the NI Act are as follows:
The complainant (respondent no. 1 herein) had filed complaint cases under Section 138 of the NI Act against five accused persons, i.e. M/s Vasu Tech Limited (accused no. 1), Sh. Dhruv Varma (accused no. 2 and petitioner no. 1 herein), Sh. R.L. Varma (accused no. 3), Smt. Aruna Varma (accused no. 4) and M/s Ratan Lal Varma & Sons (HUF) (accused no. 5 and petitioner
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 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 in discharge of a lawful liability create a presumption of guilt under Section 138, which the accused must rebut to avoid conviction.
The main legal point established in the judgment is the successful rebuttal of the presumption of a legally enforceable debt under Section 139 of the Negotiable Instruments Act, leading to the failur....
The court found that the accused, acting as guarantors, were not liable under Section 138 of the Negotiable Instruments Act, as no enforceable debt existed at the time of cheque issuance.
The presumption under Section 139 of the Negotiable Instruments Act mandates that once a cheque's execution is admitted, it is presumed to be issued for discharging a debt, which the accused must reb....
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