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M. K. THAKKER
Shriram Transport Finance Co. Limited – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
M.K. THAKKER, J.
1. This appeal is filed under Section 378 of the Code of Criminal Procedure challenging the judgment and order of acquittal dated 05.04.2023 passed by the learned 2nd Additional Judicial Magistrate First Class and Civil Judge, Dahod in Criminal Case No. 1056 of 2022 whereby, the respondent-accused was acquitted from the charges under Section 138 of the Negotiable Instruments Act.
2. It is the case of the complainant that the complainant, who is the finance company, had given a loan for the amount of Rs. 7,10,000/- to the respondent-accused by way of the Hire Purchase Agreement for purchasing the vehicle. The respondent-accused, for the payment of the loan amount, has issued the cheque in favour of the complainant bearing cheque no. 009402 dated 22.01.2022 for the amount of Rs. 7,10,000/-. On depositing the said cheque with the bank, the same was returned with an endorsement ‘insufficient fund’ on 25.01.2022, therefore, the demand notice was issued to the complainant which was received by the complainant on 16.02.2022 however, the complainant neither replied nor complied with the said notice and, therefore, the private complaint came to be filed before the c
The main legal point established in the judgment is the rebuttable nature of statutory presumptions under the Negotiable Instruments Act, particularly in cases of dishonoured cheques, and the burden ....
The main legal point established in the judgment is that for an offence under Section 138 of the N.I.Act, there should be a legally enforceable debt or other liability subsisting on the date of drawa....
The burden of proof to rebut the presumption of consideration under the N.I. Act lies with the accused, who must meet the standard of preponderance of probability.
The burden of proof, legal presumptions, and the accused's admission of debt in the issuance of the cheque are crucial in determining liability under the Negotiable Instrument Act.
The presumption of debt under Section 139 of the Negotiable Instruments Act is not rebutted by mere denial; the accused must provide credible evidence to support their defense.
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 appellate court overturned the acquittal, emphasizing the presumption of consideration under the Negotiable Instruments Act, rejecting the accused's claims due to insufficient evidence.
The main legal point established in the judgment is that a cheque issued as security for a legally enforceable debt or liability falls under Section 138 of the Negotiable Instruments Act.
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