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ANUBHA RAWAT CHOUDHARY
Devendra Kumar Singh alias Devender Kumar Singh, S/o M. P. Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. This criminal revision has been filed for setting aside the judgement dated 17th February 2023 passed by the court of learned Sessions Judge, East Singhbhum in Criminal Appeal No. 43 of 2022 dismissing the appeal filed by the petitioner. The petitioner has been convicted and sentenced by the Court of Judicial Magistrate, 1st Class, Jamshedpur for committing offence under section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as N.I. Act) and has been directed to pay Rs. 18,50,000/- as fine amount out of which an amount of Rs. 18,45,000/- has to be given to the complainant as compensation. The petitioner has been sentenced to undergo simple imprisonment for one and half year with default sentence.
2. The learned counsel for the petitioner has submitted that the complainant was working in a bank. In order to get loan, the petitioner was in negotiating term with the complainant and he was informed that certain blank cheques were to be deposited with the bank and therefore these cheques were handed over to the complainant which were misused. He has submitted that there was no legally payable debt, rather blank cheques were signed and handed over only by w
The presumption under Section 139 of the Negotiable Instruments Act mandates that once a cheque's execution is admitted, it is presumed to be issued for discharging a debt, which the accused must reb....
The main legal point established in the judgment is that the presumption under Section 139 of the NI Act would arise when the signatures on the cheques had been admitted, and the burden to rebut the ....
The presumption of cheque issuance for a legally enforceable debt under Section 138 of the N.I. Act was not rebutted by the accused, leading to conviction.
The presumption favoring the complainant under Sections 118 and 139 of the NI Act remains unless disproven by the accused.
The court emphasized the importance of documentary evidence, witness testimony, and the presumption of a legally enforceable debt under Sec. 139 of the N.I. Act in establishing the guilt of the accus....
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