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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
N.UNNI KRISHNAN NAIR
Md Abu Samad Choudhury S/O Lt. Akon Ali Choudhury – Appellant
Versus
Md Jamir Uddin And Anr S/O Md. Jafor Ali – Respondent
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
1. Heard Mr. M Choudhury, learned counsel for the petitioners. Also heard Mr. B M Choudhury along with Mr. U Choudhury, learned counsels, appearing for the respondent No. 1 and Ms. S H Bora, learned Additional Public Prosecutor, Assam for the respondent No. 2.
2. The challenge in the present revision petition is to the judgment and order dated 13.02.2014 passed by the learned Additional Sessions Judge, Nagaon in Crl. A. No. 62(N)/2013, upholding the judgment and order dated 14.06.2013 passed by the learned Judicial Magistrate First Class, Nagaon in C.R. Case No. 2806/2009, convicting the petitioners, herein, under Section 138 of the Negotiable Instruments Act, 1881 and sentencing them to pay compensation of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand), in default, to undergo Simple Imprisonment for 1 (one) year.
3. The facts in brief requisite for adjudication of the issue arising in the present criminal revision petition is noticed as under:
The respondent No. 1, herein, had filed a complaint before the Court of learned Judicial Magistrate First Class, Nagaon, which was registered as C.R. Case No. 2806/2009 against the petitioners, herein, alle
The presumption of liability under Section 139 of the Negotiable Instruments Act requires the accused to provide sufficient evidence to rebut such presumption, which the petitioners failed to do.
A cheque issued for repayment establishes liability under Section 138 of the N.I. Act; the burden to rebut the presumption of liability lies with the accused, who failed to provide sufficient evidenc....
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The court ruled that a trial court's order denying signature verification on a disputed cheque is not merely interlocutory and can be challenged in a revision petition, emphasizing the right to a fai....
Criminal Law - Dishonoured of Cheque - Appeal against conviction - Petitioner in this case, did not raise any probable defence which would create doubts in mind of Court. Court find no reason to inte....
The court emphasized the importance of documentary evidence, witness testimony, and the presumption of a legally enforceable debt under Sec. 139 of the N.I. Act in establishing the guilt of the accus....
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