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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SANJEEV KUMAR SHARMA
Fokhoruddin Ali Ahmed, Son Of Late Intazuddin Ahmed – Appellant
Versus
Samsul Hoque Khandakar, Son Of Late Mafizuddin – Respondent
| Table of Content |
|---|
| 1. complaint details and background. (Para 2 , 3) |
| 2. petitioner's defense based on facts. (Para 4 , 5 , 6 , 8) |
| 3. legal principles regarding enforceable debt. (Para 7 , 9 , 10 , 11 , 13) |
| 4. court's evaluation of petitioner's claims. (Para 12 , 18 , 19 , 21 , 22) |
| 5. court's interpretation of the law. (Para 14 , 15 , 16) |
| 6. conclusion and dismissal of the petition. (Para 23 , 24) |
JUDGMENT :
SANJEEV KUMAR SHARMA, J.
1. Heard Mr. S.S.S. Rahman, learned counsel for the petitioner and Mr. S. Nawaz, learned counsel for respondent no.2.
2. This is an application under Section 528 of BNSS, 2023 has been filed by the petitioner, namely, Fokhoruddin Ali Ahmed, has prayed for quashing of the NICR Case No.04/2025, registered under Section 138 of N.I Act, 1881, pending before the learned Court of Chief Judicial Magistrate, Chirang.
3. The brief facts of the case are that a complaint case being N.I.C.R. Case No. 04/2025 was registered by the respondent against the petitioner under Section 138 of Negotiable Instrument Act, 1881 claiming enforceable liability of an amount of Rs. 10,00,000/-(Rupees Ten Lakhs Only) and the same is pending before the learned Court of Chief Judicial Magistrate, C
A cash transaction exceeding Rs. 20,000 does not invalidate a legally enforceable debt under the Negotiable Instruments Act, which presumes a cheque pertains to such a debt upon acknowledgment of sig....
Violations of cash transaction regulations under the Income Tax Act do not render debts legally unenforceable under the Negotiable Instruments Act.
Violation of Section 269 SS of the Income Tax Act does not render transactions unenforceable under the Negotiable Instruments Act, as the presumption of liability remains unless effectively rebutted ....
The legal enforceability of debt or liability under the NI Act is influenced by the provisions of the Income Tax Act, and unaccounted cash transactions may impact the enforceability of debts.
The presumption under section 139 of the NI Act is rebuttable, and the standard of proof for rebuttal is 'preponderance of probabilities'.
In dishonored cheque cases under the N.I. Act, the presumption of debt arises upon dishonor, requiring the accused to rebut the presumption with credible evidence.
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