Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Bhadrakali Foods Pvt. Ltd., Bhadrak – Appellant
Versus
Astasambhu Traders, Jagatsinghpur – Respondent
JUDGMENT :
R.K. PATTANAIK, J.
1. Instant Revision under Section 438 read with Section 442 BNSS is at the behest of the petitioner questioning the legality, correctness and judicial propriety of the impugned judgment dated 17th September, 2024 as at Annexure-1 passed in connection with Criminal Appeal No.45 of 2023 by learned Sessions Judge, Jagatsinghpur, confirming the order of conviction and sentence directed against her in 1CC Case No.117 of 2018 (T.R. No.139 of 2021) vide Annexure-2 by learned Chief Judicial Magistrate, Jagatsinghpur on the grounds inter alia that the same are legally untenable, hence, liable to be interfered with and set aside.
2. In fact, the opposite party filed a complaint under Section 138 of the N.I. Act against the petitioner pleading therein that the latter deals with procurement of paddy from others and even from them and at times by instant payment or on credit basis. It has been the claim of the opposite party that on 16th February, 2018, a substantial amount was generated to be payable to them by petitioner and in order to discharge the said debt, a cheque for an amount of Rs.41,55,000/-(Rupees Forty- One Lakh Fifty-Five Thousand Only) was drawn at
In dishonored cheque cases under the N.I. Act, the presumption of debt arises upon dishonor, requiring the accused to rebut the presumption with credible evidence.
The main legal point established in the judgment is the rebuttable presumption under Section 139 NI Act and the burden of proof on the accused to rebut the presumption of discharge of debt or liabili....
The drawer of a cheque under Section 138 of the N.I. Act bears the burden to rebut the presumption of liability; failure to do so can result in conviction for cheque dishonour.
The presumption under Section 139 of the Negotiable Instruments Act regarding the issuance of a cheque for a legally enforceable debt is significant; an accused must substantiate any rebuttal with cr....
The presumption under Section 139 of N.I. Act is a presumption of law, as distinguished from the presumption of facts. Presumptions are rules of evidence and do not conflict with the presumption of i....
The statutory presumption under Sections 118 and 139 of the NI Act can be upheld, and the defense of a lost cheque must be substantiated with evidence to rebut the presumption.
The presumption under Section 139 of the Negotiable Instruments Act regarding legally enforceable debt is rebuttable; the failure to prove such debt leads to liability under Section 138.
The presumption under Section 139 of the NI Act mandates that a cheque is presumed to be issued for discharge of a debt unless the accused proves otherwise.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
