Back
BIRENDRA KUMAR
Deepak Garg – Appellant
Versus
State of Rajasthan, Through PP – Respondent
JUDGMENT
1. Heard.
2. The petitioner has sought for quashment of FIR No. 290/2021 registered with Kotwali Police Station, Alwar at the behest of respondent No.2 for offence under Section 420 IPC.
3. The challenge is on the ground that the impugned FIR has been maliciously instituted to wreck vengeance.
4. Learned counsel for the petitioner submits that the background of the impugned FIR is a complaint case filed by the petitioner against respondent No.2 on 11.2.2021, wherein, cognizance was taken on 4.8.2021 against respondent No.2 for offence under Section 138 of The Negotiable Instruments Act. Respondent No.2 got bail in that case on 19.1.2022. Case of the petitioner in the aforesaid complaint case is that the complainant is engaged in the business of sale of jewellery whereas respondent No.2 is engaged in business of brick kiln. Both were known to each other. On 3.12.2020, respondent No.2 purchased gold jewellery worth Rs. 20,07,975/- vide sale cum tax invoice at Annexure-2. Respondent No.2 issued cheque No. 000546 of Rs. 20,07,975/- as payment of cost of jewellery. The date of cheque was put as 4.12.2020 on the cheque. Later on, respondent No.2 informed the petitioner to present th
The statutory presumption under Sections 138 and 139 of the Negotiable Instruments Act establishes that the accused must rebut the existence of a debt with credible evidence; mere denial is insuffici....
A presumption of debt exists under Sections 138 and 139 of the Negotiable Instruments Act, which the accused failed to rebut, affirming liability for dishonored cheques.
Presumption under Section 139 of the Negotiable Instruments Act requires the accused to present credible evidence to rebut the holder's claim of legal liability regarding the cheque issued.
A drawer of a cheque is presumed liable unless they provide evidence to rebut the presumption of issuance for debt repayment, established under Sections 138 and 139 of the Negotiable Instruments Act.
Point of Law : Dishonour of Cheque – Acquittal under - complainant has failed to prove even the execution of the cheque since his very specific case that it was a cheque written using a pen in his pr....
The court determined that under Sections 138 and 139 of the Negotiable Instruments Act, the presumption that a cheque was issued to discharge a debt is rebuttable, placing the burden on the accused t....
A drawer of a cheque may incur liability under Section 138 of the Negotiable Instruments Act unless they can sufficiently rebut the statutory presumptions of consideration and debt.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
