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SUSMITA PHUKAN KHAUND
Manab Lahkar – Appellant
Versus
Mukunda Ram Das, S/o. Sri Dharanidhar Das – Respondent
JUDGMENT :
Susmita Phukan Khaund, J.
This appeal has been filed by the appellant, Sri Manab Lahkar, challenging the Judgment and Order dated 06.12.2012, passed by the learned SDJM(S)-II, Kamrup, in connection with C R Case No. 7319C/2005, acquitting Sri Mukunda Ram Das (referred to as respondent No. 1) of offence under Section 138 of the Negotiable Instruments Act, 1881 (the NI Act, for short). The State of Assam is arrayed as respondent No. 2. The appellant was the Marketing Manager of the Company, Gupta Hardware Private Limited (also referred to as “Gupta Hardware”). The appellant was authorized by Sri Rajendra Kashyap Gupta, the Director of Gupta Hardware, to institute this case on his behalf. The respondent No. 1 had purchased 260 bags of cement @ Rs.188/- per bag, amounting to Rs.48,880/- and transportation charge @ Rs. 1120/-
2. It is contended that the respondent No. 1 (also referred to as the accused) handed over a cheque bearing No. 383327, dated 14.10.2005 for Rs.50,000/- drawn on the State Bank of India in favour of Gupta Hardware, but when the cheque was deposited on 14.10.2005, the same was returned with remark as-“funds insufficient”.
3. It is further submitted that a leg
A cheque issued as security does not constitute a discharge of a legally enforceable debt under the NI Act.
A cheque issued as security does not constitute a legally enforceable debt under Section 138 of the Negotiable Instruments Act.
A cheque issued as security does not constitute a legally enforceable debt under Section 138 of the Negotiable Instruments Act, and the presumption of liability can be rebutted by presenting credible....
A company can authorize an employee to file a complaint under the Negotiable Instruments Act, and a signed blank cheque can create a presumption of liability unless rebutted by the accused.
The presumption under Section 139 of the N.I. Act in favor of the complainant regarding legally enforceable debt remains unless the accused proves otherwise.
A cheque issued for repayment of a loan constitutes a legally enforceable debt under Section 138 of the NI Act, with the burden of proof on the accused to rebut the presumption of liability.
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