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M. K. THAKKER
Jayeshkumar Thakorbhai Patanwadia – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
ORDER IN R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 23266 of 2023
1. This application is filed seeking leave to prefer an appeal against the against the judgment and order of acquittal passed below Exh.20 by the learned 5th Additional Chief Judicial Magistrate, Bharuch in Criminal Case No.15101 of 2017.
2. It is the case of the complainant that the complainant and accused were known to each other and accused had approached the complainant with a request to lend an amount of Rs.1,00,000/- in the month of January, 2021. The complainant had lent the amount from his own personal savings and at that time an assurance was given that the said amount would be repaid within a period of 6 months and on repeated demands the cheque bearing No.300014 dated 09-11-2021 of Rs.1,00,000/- was issued in the favour of the complainant.
2.1. On depositing the said cheque with the Bank, the same was dishonored with an endorsement of ‘funds insufficient’ and therefore, after following the due procedure under the Negotiable Instruments Act(hereinafter referred to as the NI Act), a private complaint came to be filed for the offence punishable under section 138 of the NI Act. On being summoned
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 accused can rebut the presumption in favor of the complainant by raising a probable defense, and the burden of proof shifts to the complainant in such cases.
The main legal point established in the judgment is the significance of the accused raising a probable defense to rebut the presumption under Section 139 of the N.I. Act, and the requirement for the ....
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 accused must discharge the evidential burden to rebut the statutory presumption under Section 139 of the Negotiable Instruments Act, and fair and judicious procedure is essential in cases under S....
The presumption of liability under the NI Act is rebuttable, and the burden of proof lies on the complainant to establish the existence of a legally enforceable debt.
The presumption under Section 139 of the Negotiable Instruments Act is rebuttable, and the accused must raise a probable defense to contest the existence of a legally enforceable debt.
The presumption under Section 139 of the NI Act is rebuttable, and the burden of proof lies on the accused to establish a probable defense against the existence of a legally enforceable debt.
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....
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