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KULDEEP MATHUR
Prakash Mali – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. challenge to cognizance under section 138 (Para 1 , 2 , 3) |
| 2. defense argument regarding issuance of cheques (Para 4 , 5 , 6) |
| 3. legal presumption and quashing standards (Para 8 , 9 , 10) |
| 4. decision to dismiss miscellaneous petition (Para 11) |
JUDGMENT :
(Kuldeep Mathur, J.) :—
The instant criminal miscellaneous petition has been filed by the petitioner under Section 482 Cr. P.C. challenging the order dated 29.8.2022 passed by learned Additional Sessions Judge No. 2, Barmer in Criminal Revision No. 24/2017 (47/2016) and the order dated 20.11.2015 passed by learned Additional Chief Judicial Magistrate, Barmer in Criminal Case No. 1627/2015 whereby cognizance for offence under Section 138 of the Negotiable Instrument Act was taken against the petitioner.
2. Learned counsel for the petitioner submitted that respondent No. 2 filed a complaint against the petitioner under the provisions of Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the Act of 1881’) stating inter alia that three cheques bearing Nos. 822095, 822098 and 822099 dated 28.10.2014 for an amount of Rs. 10,00,00 each, totalling to Rs. 30,00,000 were handed over by the petition
A cheque exceeding the specified amount on the instrument is invalid under Section 138 of the Negotiable Instruments Act.
Dishonour of cheque – In exceptional circumstances, Court may take notice of attending circumstances to conclude that continuance of proceedings would amount to abuse of process of Court, or where qu....
Dishonoured cheque attracts presumption of lawful debt under NI Act unless rebutted by accused on preponderance of probabilities; failure justifies conviction even for security cheque with subsisting....
The presumption under Sections 118 and 139 of the Negotiable Instruments Act remains in favor of the holder unless the accused provides credible evidence to rebut it.
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