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MALASRI NANDI
Sidhartha Borthakur S/o Lt. B. C. Borthakur – Appellant
Versus
Monmi Sikha Puzari W/o Sri Tridip Puzari – Respondent
JUDGMENT :
Heard Ms. S.B. Choudhury, learned counsel for the petitioner.
Also heard Mr. P. Choudhury, learned counsel for the respondent.
2. The petitioner has preferred this petition against the impugned judgment and order dated 15.11.2016 in connection with C.R. Case No. 112/2007 under Section 138 of Negotiable Instrument Act, 1988 (herein after referred as N.I. Act) passed by the learned Additional CJM, Jorhat, whereby the petitioner was convicted and sentenced to undergo simple imprisonment for a period of 6(six) months and to pay a fine of Rs.11,80,000/-which is twice the cheque amount of Rs.5,90,000/-, in default 6(six) months simple imprisonment. It is also directed that on realization of the amount i.e. Rs.11,80,000/-, the same was given to the complainant/opposite party as compensation.
3. The petitioner has also challenged the impugned judgment and order dated 22.06.2018 in Crl. Appeal No. 40/2016 passed by the learned Sessions Judge, Jorhat, whereby the conviction and sentence passed by the learned Additional CJM was upheld by dismissing the criminal appeal.
4. The case of the opposite party as complainant is that the complainant and the accused/petitioner are known to each o
Presumption under Sections 118 and 139 of N.I. Act and the debtor and creditor relationship were central to the court's decision.
The main legal point established in the judgment is that the evidence presented by the complainant, including legal notices, replies, and witness testimonies, proved the guilt of the accused under Se....
Failure to rebut the presumption under Section 139 of the N.I. Act and lack of presenting a probable defense can lead to conviction under Section 138 of the N.I. Act.
The main legal point established in the judgment is that the presumption of liability on the drawer of a cheque under Section 139 of the N.I. Act is rebuttable, and the accused must provide evidence ....
The main legal point established in the judgment is the application of the presumption under Section 139 of the Negotiable Instruments Act and the importance of proving the contrary to rebut the pres....
A signed blank cheque, validly handed over by the accused, attracts the presumption under Section 139 of the Negotiable Instruments Act, unless the accused provides evidence to the contrary. The burd....
The High Court's revisional jurisdiction is supervisory in nature and limited to correcting legal improprieties or perversity in findings; it cannot be used to reappreciate evidence where trial and a....
The presumption of a legally enforceable debt arises once a cheque is issued and its signature admitted, and the accused must rebut this presumption.
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