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SUBHASH CHAND
Biglal Oraon – Appellant
Versus
State of Jharkhand – Respondent
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 affirmed.
2. The brief facts leading to this criminal revision are that the complainant, namely, Debu Prasad Banerjee had moved the complaint before the Judicial Magistrate 1st Class, Ranchi with these allegations that he and the accused both were well known to each other as a good friends. The daughter of accused Biglal Oraon was suffering from serious mental disease, therefore, he requested the complainant to arrange the amount of Rs.10 lacs for her proper treatment in a good hospital of India. On the
Point of Law : Jurisdiction is one of supervisory jurisdiction exercised by High Court for correcting miscarriage of justice.
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.
Presumption under NI Act ss.118,139 rebuttable on preponderance of probabilities by probable defence; accused's unproved allegation of cheque amount misuse fails rebuttal. Revision jurisdiction limit....
Presumption under Sections 118/139 NI Act not rebutted by unsubstantiated security cheque claim; such cheques enforceable under Section 138 on dishonour for insufficient funds if liability undischarg....
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