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M. K. THAKKER
Zala Rudradattsinh Vanrajsinh – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
Order in R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 9188 of 2023
As this Court deems it fit to decide the case on merits, the formal leave seeking leave to prefer an appeal is granted.
Application seeking leave to prefer an appeal stands disposed of.
Order in R/CRIMINAL APPEAL NO. 1140 of 2023
1. This appeal is filed by the present appellant – complainant under Section 378 of Code of Criminal Procedure challenging the judgment and order passed by learned 6th Judicial Magistrate First Class, Mehsana, dated 1st April, 2023 in Criminal Case No.6928 of 2020.
2. It is the case of the complainant that complainant is doing the business in the name and style of Hotel Sahara Bridge. Brother of the accused No.2, namely, Sanjaybhai Ganpatbhai Patel is engaged in the business of construction of residential house of Government as well as private in the name and style of Maruti Constructions at Mehsana. As complainant was in need of the house at Mehsana, complainant came into the contact with accused No.2 and his brother Sanjaybhai and both have decided to give house to the complainant and therefore, complainant made payment to accused No.2 and his brother, Sanjaybhai with regar
The main legal point established in the judgment is the rebuttable nature of the presumption under Section 139 of the Negotiable Instruments Act and the burden of proof on the accused to rebut the pr....
The main legal point established in the judgment is the presumption under Section 118 and Section 139 of the Negotiable Instruments Act, the burden of proof on the accused to rebut the presumption, a....
The presumption in favor of the complainant under the N.I. Act is rebuttable, and the standard of proof required to prove a defense in a criminal case is preponderance of probabilities.
Dishonour of cheque – Whereas prosecution must prove guilt of an accused beyond all reasonable doubt, standard of proof so as to prove a defence on part of accused is preponderance of probabilities.
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 presumption under Section 139 of the NI Act that a cheque is issued for discharge of a debt or liability unless proven otherwise, and the accused's burden to raise a probable defense to rebut the....
The main legal point established in the judgment is the rebuttable nature of the presumption in favor of the holder of a cheque under Sections 118 and 139 of the N.I. Act, emphasizing the burden of p....
Dishonour of cheque – When a cheque is drawn out and is relied upon by drawee, it will raise a presumption that it is drawn towards a consideration which is a legally recoverable amount.
The legal principle established is that the presumption under Section 139 of the Negotiable Instruments Act is rebuttable, and the onus is on the accused to raise a probable defense.
The presumptions under sections 138 and 139 of the NI Act favor the holder, shifting the burden to the accused to rebut the claims of liability.
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