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SUSMITA PHUKAN KHAUND
Bahej Uddin Ahmed – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
Susmita Phukan Khaund, J.
1. This appeal is directed against the judgment and order dated 03.11.2016 passed by the learned Chief Judicial Magistrate, Chirang in Case No. NICR 4 of 2015 passing an order of acquittal. Accused - respondent No. 2 herein was acquitted from the charges u/s 138 of the Negotiable Instrument Act, 1881 (N.I. Act for short).
2. The genesis of the case was that an undertaking was executed on 10.06.2013 by the respondent No. 2 who borrowed an amount of Rs. 2,50,000/- from the appellant. An agreement was entered into by both the parties and the respondent No. 2 agreed to return the borrowed money within a period of 2 months but he failed to repay the loan in time. The appellant repeatedly requested the respondent No. 2 to repay the debt and finally the respondent No. 2 issued two Account Payee Cheques being Cheque No. 034986 for Rs. 2 lacs from his Account No. 32444819290 of the State Bank of India, BRPL Complex Branch, Dhaligaon and Cheque No. 841618 for Rs. 50,000/- from his Account No. 1201000100139169 of Punjab National Bank, Bongaigoan Branch in discharge of his debt of Rs. 2,50,000/-.
3. The appellant filed a complaint petition of dishonour of chequ
Service of notice under Section 138 of the Negotiable Instruments Act is valid if delivered to a family member, establishing liability unless rebutted.
For a conviction under Section 138, the complainant must prove both enforceable debt and properly served demand notice; failure to do so leads to acquittal.
The main legal point established in the judgment is the proper service of demand notice under Section 138 of the Negotiable Instrument Act, and the consequences of such service on the acquittal of th....
The accused's failure to rebut the presumption under Section 139 of the NI Act and the service of notice of dishonour within the prescribed period led to the Court upholding the conviction and the co....
Point of law: Negotiable Instruments – Notice - When a sender has dispatched notice through registered post to correct address written on it, Section 27 of General Clauses Act could be profitably imp....
Service of notice under Section 138 of the Negotiable Instruments Act is presumed when sent to the correct address, placing the burden on the accused to prove non-receipt.
The presumption of liability under Section 139 of the Negotiable Instruments Act can be rebutted if the accused proves non-receipt of the demand notice, which is essential for prosecution under Secti....
The main legal point established in the judgment is the importance of timely objections and the admissibility of documents in evidence.
The statutory presumption under Sections 118 and 139 of the NI Act can be upheld, and the defense of a lost cheque must be substantiated with evidence to rebut the presumption.
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