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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
N.UNNI KRISHNAN NAIR
Md. Abu Samad Choudhury S/o Late Akon Ali Choudhury – Appellant
Versus
Md. Jamir Uddin 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, allegin
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....
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.
Dishonored of cheque - Petitioner is directed to pay fine in terms of impugned Judgment within a period of three months which on realization be paid to complainant as compensation. If petitioner appr....
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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The court emphasized the necessity of sending a disputed cheque for forensic examination to ascertain signature authenticity, ruling that the trial court's order was not merely interlocutory and thus....
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....
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