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IN THE HIGH COURT OF DELHI AT NEW DELHI
CHANDRASEKHARAN SUDHA
Surinder Kumar Mahajan – Appellant
Versus
Sardar Baljit Singh – Respondent
JUDGMENT :
CHANDRASEKHARAN SUDHA, J.
1. This appeal under Section 374 read with 482 of the Code of Criminal Procedure, 1973 (the Cr.P.C.) has been filed by the accused in Complaint Case No.317/2002 on the file of the Additional Sessions Judge, Delhi, assailing the judgment dated 18.07.2003 as per which he has been convicted and sentenced for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881(the N.I Act).
2. The respondent herein filed a complaint alleging the commission of the offences punishable under Section 138 of the NI Act before the Chief Metropolitan Magistrate, Delhi. On going through the trial records, I find order dated 11.04.2002 of the learned Magistrate which reads thus:-
“Vide order/letter/reference F.3(4)/ADJ/19884-19884/1173 dt. 21.3.2002of Office of Ld. Distt. And Sessions Judge, Delhi, in pursuance to Delhi High Court letter No. 336/Gaz/VI.E.2(a)/Misc. dated 15.03.2002, the complaint is transferred to the Court of Ms. Deeps Sharma, Ld. Addl. Sessions Judge, Delhi. Party(ies) are directed to appear before the Court of Ms. Deepa Sharma, Addl Sessions Judge, Delhi, today.
Sd.
Metropolitan Magistrate, Delhi”
3. Letter no. 336/Gaz./VI.E.2(a)
A cheque issued for payment in a contractual context constitutes a debt under Section 138 of the Negotiable Instruments Act even if characterized as a penalty, and deemed service of notice is valid w....
A corporate entity and its directors are vicariously liable for dishonored cheques under the Negotiable Instruments Act, with the presumption of liability shifting to the accused to prove otherwise.
(1) Dishonour of cheque – At stage of issuance of process, statutory presumption under Section 139 of N.I. Act cannot be dislodged in a summary manner merely by contending that cheque issued was not ....
The absence of evidence proving a legally enforceable debt led to the affirmation of the accused's acquittal in a cheque dishonor case.
The court held that failure to prove a legally enforceable debt invalidates a cheque under Section 138 of the Negotiable Instruments Act.
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 issuance of a cheque, once signed, creates a presumption of liability under Sec. 139 of the Negotiable Instruments Act, which the accused must rebut to avoid conviction for dishonour due to insuf....
The dishonor of a cheque issued as security does not negate liability under Section 138 if the conditions of notice service and the enforceable debt are established.
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