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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. PINTO
Mehta Nileshkumar Vishnuprasad – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
S.V. PINTO, J.
1. This appeal has been filed by the appellant – original complainant under Section 378(1)(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) against the judgment and the order passed by the learned 3rd Judicial Magistrate First Class, Mehsana (hereinafter referred to as ‘the learned Trial Court), in Criminal Case No. 3367 of 2005 on 18.10.2010, whereby, the learned Trial Court acquitted the respondent no.2 - accused for the offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as ‘the N.I.Act’).
1.1. The parties are hereinafter referred to as the complainant and the accused as they stood in the original case, for the sake of convenience, clarity and brevity.
2. The relevant facts leading to filing of the present appeal are as under:
2.1 The complainant filed a complaint under Section 138 of the N.I.Act against the accused on 30.08.2005 mainly stating that the complainant and the accused both are residing at Mehsana and the complainant was working in Urban School. The accused was doing the business of taking contracts from the Gujarat Electricity Board and had his place of business in
The presumption under Section 139 of the Negotiable Instruments Act is rebuttable; the burden shifts to the complainant to prove existence of debt when the accused raises a probable defense challengi....
The presumption under Section 139 of the Negotiable Instruments Act is rebuttable, and the burden of proof lies on the accused to provide a probable 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 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 ....
The main legal point established in the judgment is that the presumption under Section 139 of the Negotiable Instruments Act is rebuttable, and the burden lies on the accused to raise a probable defe....
The burden is on the complainant to prove financial capacity when questioned; a mere presumption does not suffice if evidence is lacking.
The presumption of liability under the Negotiable Instruments Act requires the complainant to establish a prima facie case, after which the burden shifts to the accused to disprove claims. Insufficie....
The presumption under Section 139 of the Negotiable Instruments Act is rebuttable, and the burden lies on the accused to raise a probable defence, which was successfully established in this case.
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