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SUBHASH CHAND
Biglal Oraon – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. overview of criminal revision and factual background. (Para 1 , 2 , 3) |
| 2. evidence presented for the prosecution and defense. (Para 4 , 5 , 6 , 7 , 8) |
| 3. details on previous judgments and appeals. (Para 9 , 10 , 11) |
| 4. court's analysis and evidence examination. (Para 12 , 13 , 14) |
| 5. legal presumptions and burden of proof. (Para 22 , 23 , 24 , 25 , 26) |
| 6. supreme court's interpretations of related case law. (Para 27 , 28 , 29) |
| 7. final ruling and order from the court. (Para 30 , 31 , 32) |
JUDGMENT :
SUBHASH CHAND, J.
1. This criminal revision has been preferred against the judgment dated 11th March, 2022 passed by the Judicial Commissioner, Ranchi in Criminal Appeal No. 157 of 2019, whereby and whereunder the judgment of conviction and order of sentence dated 24th June, 2019 passed by the Judicial Magistrate 1st Class, Ranchi in Compliant Case No. 3111 of 2017 by which the petitioner has been convicted for the offence under Section 138 of the Negotiable Instrument Act and sentenced to undergo simple imprisonment for a period of one year and was directed to pay fine by way of compensation a sum of Rs.8,00,000/- to the complainant, namely, Debu Prasad Banerjee has been aff
Point of Law : Jurisdiction is one of supervisory jurisdiction exercised by High Court for correcting miscarriage of justice.
Admission of cheque triggers presumption under Sections 118(a),139 NI Act of enforceable debt; security cheque liable under Section 138 if subsisting liability exists; accused fails to rebut by prepo....
Admission of cheque issuance raises rebuttable presumption under Sections 118(a), 139 NI Act of discharge of debt; security cheques attract Section 138 liability if subsisting debt exists; revisional....
Admission of cheque issuance raises rebuttable presumption under Sections 118/139 NI Act of discharge of debt; security cheques attract Section 138 liability if debt subsists; accused must lead evide....
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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