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NUPUR BHATI
Khiraj Ram – Appellant
Versus
Sahib Singh – Respondent
ORDER :
(Nupur Bhati, J.)
The present misc. petition has been filed under Section 482 Cr.P.C. against the order dated 22.02.2021 passed by learned Addl. Chief Judicial Magistrate, Sangaria, Hanumangarh.
2. Learned counsel for the petitioner submits that a complaint was filed under Section 138 of the Negotiable Instruments Act before the Court of the Additional Chief Judicial Magistrate, Sangaria against the petitioner while alleging that the petitioner had borrowed a sum of Rs. 5 lacs from the complainant and thereafter a cheque was issued by the petitioner for the sum of Rs. 5 lacs which was dishonoured due to insufficient balance in his account. Learned counsel further submits that the matter was examined by the Court below for the offence under Section 138 of NI Act and the petitioner was convicted and sentenced for one year of simple imprisonment vide judgment and sentence dated 03.09.2019 passed by Addl. Chief Judicial Magistrate, Sangaria. The petitioner preferred an appeal against the judgment dated 03.09.2019 before the Additional Sessions Judge, Sangaria, Hanumangarh which was allowed vide judgment dated 05.01.2021 while acquitting the petitioner and the judgment and sentenc
The acquittal order must be complied with unless an interim stay is issued; trial Court's refusal to release funds was improper.
The presumption under Section 139 of the Negotiable Instruments Act must be drawn in favor of the holder of the cheque, and misinterpretation of evidence by the Trial Court warrants leave to appeal.
The trial court's failure to properly appreciate evidence warrants reconsideration of the acquittal under Section 138 of the NI Act.
Conditional acquittal in cheque bounce case upon settling remaining amount after partial payment.
Dishonour of cheques – Supreme Court is not the appropriate forum to resolve factual disputes – Parties may pursue their remedy before Civil Court.
The main legal point established is the enforceability of a security cheque and the burden on the accused to rebut the statutory presumption in favor of the complainant under Section 138 and 142 of t....
The trial court's failure to properly appreciate evidence led to the granting of leave to appeal against the acquittal under Section 138 of the Negotiable Instruments Act.
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