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JASGURPREET SINGH PURI
Rajesh – Appellant
Versus
Ishwar Singh – Respondent
JUDGMENT
Jasgurpreet Singh Puri, J. (Oral) -
CRM-35355-2022
1. For the reasons recorded in the application, the delay of 198 days in filing the present appeal is hereby condoned.
Application stands allowed.
Main case
2. The present is a revision petition filed by challenging the orders passed by the learned Judicial Magistrate Ist Class, Karnal dated 15/23.01.2019 whereby the petitioner in the present case has been convicted under Section 138 of the Negotiable Instruments Act, 1881 and has been directed to undergo simple imprisonment for 7 months and further to pay compensation equivalent to cheque amount for commission of offence under Section 138 of the Negotiable Instruments Act, 1881.
3. The challenge has also been made to the judgment of the learned Additional Sessions Judge, Karnal dated 17.02.2022, whereby the appeal filed by the petitioner has also been dismissed but with a modification that out of the total cheque amount Rs. 8,000/- which was 20% of the amount of compensation has already been deposited by the petitioner and, therefore, the petitioner was directed to pay an amount of Rs. 52,000/-instead of Rs. 60,000/-. The quantum of sentence of 7 months was upheld.
4. The facts
The main legal point established is the enforceability of a security cheque and the burden on the accused to rebut the statutory presumption in favor of the complainant under Section 138 and 142 of t....
The main legal point established in the judgment is the importance of proving the dishonor of a cheque due to insufficient funds, the presumption of the cheque being issued against a debt, and the ad....
The accused must raise a probable defense to contest the existence of a legally enforceable debt or liability in cases of cheque dishonour under Section 138 of the Negotiable Instruments Act, failing....
Accused cannot rebut statutory presumption under Sections 118 and 139 of Negotiable Instruments Act without entering witness box.
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 significance of securi....
A legally enforceable debt is essential for liability under Section 138 of the Negotiable Instruments Act; cancellation of the underlying contract negates such liability.
The burden of proof on the accused to disprove the existence of any legally recoverable debt or liability under the Negotiable Instruments Act.
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....
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