Back
HEMANT M. PRACHCHHAK
Kumari Kantaben P Patel – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. The present appeal is filed by the appellant – original complainant under Section 378 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) against the judgment and order of acquittal dated 03/10/2008 passed by the learned Additional Sessions Judge, Court No.6, Ahmedabad (hereinafter referred to as “the first appellate court”) in Criminal Appeal No.149 of 2007, whereby, the learned Judge has acquitted the original accused respondent No.2 herein for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short “the N.I. Act”).
2. The brief facts giving rise to the present appeal are that, the appellant had advanced an amount of Rs.33,000/- top the respondent accused way back in the year 1992, against which, the respondent accused had issued a cheque to the tune of Rs.25,000/- on 10/02/2001. On being presented before the bank, the said cheque returned with an endorsement ‘insufficient funds’ and therefore, on 01/08/2001, the appellant had issued a statutory legal notice to the respondent accused under the provisions of Section 138 of the N.I. Act., one by U.P.C. and another by Registered Post A.D. The notice sent by Registered Post A.
The appellate court has the authority to review evidence in acquittal appeals, but must respect the presumption of innocence and ensure that any findings against the accused are based on substantial ....
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 presumption under Section 139 of the NI Act establishes that a cheque is issued for a legally enforceable debt, placing the burden on the accused to rebut this presumption with a probable defense....
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 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 court affirmed that the presumption under Section 139 of the NI Act can be rebutted, and the burden remains on the complainant to substantiate the existence of a legally enforceable debt, failing....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
