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VIKAS BAHL
Amarjit Singh – Appellant
Versus
Mohinder Singh (since Deceased) Through His Lr. – Respondent
JUDGMENT
Vikas Bahl, J. (Oral) - Challenge in the present Criminal Revision is to the judgment dated 02.01.2019, vide which, the Judicial Magistrate Ist Class, Patiala had convicted the present petitioner under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as 'the Act of 1881') as well as quantum of sentence dated 02.01.2019 vide which the petitioner had been sentenced as under:-
| Name of the convict | Convicted under Section | Sentence |
| Amarjeet Singh | 138 of Negotiable Instruments Act, 1881 | Simple imprisonment for a period of one year and compensation equivalent to cheque amount i.e. Rs.15,00,000/- along with simple interest @ 9% p.a. In case of default simple imprisonment of three months. |
2. Challenge has also been made to the judgment dated 22.11.2021 vide which the appeal filed by the present petitioner had also been dismissed by the Sessions Judge, Patiala.
3. Learned counsel for the petitioner has submitted that in pursuance of order dated 17.05.2022 passed by this Court, the petitioner has surrendered and has further submitt
The main legal point established in the judgment is the presumption of liability of the drawer of the cheques under Section 138 of the Negotiable Instruments Act, 1881, and the significance of securi....
The presumption of a cheque being issued in discharge of a legally enforceable debt under Section 139 N.I.A. and the significance of a security cheque in commercial transactions were central to the c....
The main legal point established in the judgment is the presumption of liability of the drawer of the cheques under Section 138 of the Negotiable Instruments Act, 1881, and the burden of proof on the....
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.
Cheques issued in discharge of a lawful liability create a presumption of guilt under Section 138, which the accused must rebut to avoid conviction.
A legally enforceable debt is essential for liability under Section 138 of the Negotiable Instruments Act; cancellation of the underlying contract negates such liability.
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....
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....
A cheque issued as security can be subjected to Section 138 liabilities; presumption under Section 139 requires the accused to establish a probable defence for avoidance of conviction.
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